HomeMy WebLinkAbout20150343 Ver 1_Stream Call Letter_20150406Asp
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
April 27, 2015
Mrs. Linda Hardison
4465 Old Blounts Creek Road
Chocowinity, NC 27817
Donald R. van der Vaart
Secretary
D W Q # 15 -0343
Beaufort County
Subject Property: Linda Hardison Property @ 200 Sandy Meadows Road, Chocowinity
UT to Hog Hole Branch, Tar -River River Basin
On -Site Determination for Applicability to the Tar - Pamlico River Riparian Area Protection Rules (15A NCAC
2B .0259)
Dear Mrs. Hardison:
On April 24, 2015, at request of Anthony Scarbraugh conducted on -site determination to review an
unnamed tributary (UT) to Hog Hole Branch located on the subject property for applicability to the Neuse
Buffer Rules (15A NCAC 2B .0233). The feature is labeled as "15- 0343" on the attached map(s) initialed by
Mr. Scarbraugh on April 27, 2015. The project is located off Sandy Meadows Road near the Town of
Chocowinity, Beaufort County.
At your request, Mr. Scarbraugh conducted on -site determination as stated above. During his review, he
evaluated the stream using the DWR Stream Classification Form. He evaluated the stream reach "15- 0343"
at 35.46278 N, 77.02002 W and calculated the score to be 34.25 points. The form states that if the score is
"greater than or equal to 19 points the stream is at least intermittent."
The Division of Water Resources (DWR) has determined that a portion of feature labeled as "15- 0343" on
the attached map(s), and highlighted in blue is subject to the Tar - Pamlico Buffer Rules. The feature and
the associated buffers should be identified on any future plans for this property. The owner (or future
owners) should notify the DWR (and other relevant agencies) of this decision in any future correspondences
concerning this property. This on -site determination shall expire five (5) years from the date of this letter.
Landowners or affected parties that dispute a determination made by the DWR or Delegated Local
Authority that a surface water exists and that it is subject to the buffer rule may request a determination by
the Director. A request for a determination by the Director shall be referred to the Director in writing c/o
Karen Higgins, DWR 401 & Buffer Permitting Unit, 1617 Mail Service Center, Raleigh, NC 27699 -1650.
Individuals that dispute a determination by the DWR or Delegated Local Authority that "exempts" a surface
water from the buffer rule may ask for an adjudicatory hearing. You must act within 60 days of the date
that you receive this letter. Applicants are hereby notified that the 60 -day statutory appeal time does not
start until the affected party (including downstream and adjacent landowners) is notified of this decision.
Division of Water Resources - Water Quality Regional Operations Section - Washington Regional Office
943 Washington Square Mall, Washington, NC 27889
Phone: 252 - 946 -64811 Fax: 252-975-37161 Internet: www.ncdenr.gov
An Equal Opportunity 1 Affirmative Action Employer— Made in part by recycled paper
Mrs. Linda Hardison
Stream Determination
Page 2 of 2
DWR recommends that the applicant conduct this notification in order to be certain that third party appeals
are made in a timely manner. To ask for a hearing, send a written petition, which conforms to Chapter
150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service
Center, Raleigh, N.C. 27699 -6714. This determination is final and binding unless you ask for a hearing
within 60 days.
This letter only addresses the applicability to the buffer rules and does not approve any activity within the
buffers. Nor does this letter approve any activity within Waters of the United States or Waters of the State.
If you have any additional questions or require additional information please call Anthony Scarbraugh in the
Washington Regional Office at (252) 948 -3924.
Sincerely,
l
Robert Tankard, Assistant Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDENR
Attachment: copy of sheet 12, 1995 version of Beaufort County Soil Survey
cc: DWR 401 & Buffer Permitting Unit
File Copy
Filename 15 -0343
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