20150523 Ver 1_Buffer Determination Request_20150603

ALT 3- WA
04A
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
June 3, 2015
East Carolina Farms, LLC
Attn: Mr. Jason D. Briley
1905 Charlestowne Drive
Greenville, INC 27834
Subject Property: Cherry Run Mitigation Bank
UT to Cherry Run, Tar - Pamlico River Basin
Donald R. van der Vaart
Secretary
DWQ # 15 -0523
Beaufort County
On -Site Determination for Applicability to the Tar - Pamlico River Riparian Area Protection Rules (15A NCAC
2B .0259)
Dear Mr. Briley:
On June 2, 2015, at request your consultant Mr. David Knowles of Greene Environmental Services, LLC,
Anthony Scarbraugh conducted on -site determination to review unnamed tributary (UT) to Cherry Run
located on the subject property for applicability to the Tar - Pamlico Buffer Rules (15A NCAC 2B .0259). The
feature is labeled as "15- 0523" on the attached map(s) initialed by Mr. Scarbraugh on June 3, 2015. The
subject property is located approximately 0.05 miles west - southwest of intersection of Cherry Run Road
and Red Oak Drive near Town of Washington, 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.
Feature
Not
Subject
E /I /P*
Start@
Stop@
Subject to
to
Buffers
Buffers
15 -0523
X
E (Ditch)
@ Flag 15 -0523 Begin
@ Flag 15 -0523 End
• E/ I/ P— Ephemeral /Intermittent /Perennial
The Division of Water Resources (DWR) has determined that a portion of feature labeled as "15- 0523" on
the attached map(s), and highlighted in red is not 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
Division of Water Resources - Water Quality Regional Operations Section - Washington Regional Office
943 Washington Square Mall, Washington, NO 27889
Phone: [phone] Fax: [phone] Internet: www,ncdenr.gov
An Equal Opportunity 1 Affumaixve Acton Employer— Made in pan by recycled paper

Eastern Carolina Farms, LLC
Attn: Mr. Jason D. Briley
Stream Determination
Page 2 of 2
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 -1617.
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.
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,
4t -7;
Robert Tankard, Assistant Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDENR
Attachment: USGS Topographic 1:24,000 Quadrangle Map "Washington"
cc: Laserfichel
File Copy
Katie Merritt, 401 & Wetland Permitting Unit
David Knowles, Otter Creek Environmental Consulting,
2813 Jefferson Drive, Greenville, NC 27858
Filename 15 -0523

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