20150676 Ver 1_Buffer Determination_20150810

A&V46F
RESEW
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
August 10, 2015
Stephen R. Tubaugh
1545 Wares Chapel Lane
Washington, NC 27889
Subject Property: Tubaugh Stream Crossing
UT to Cherry Run, Tar - Pamlico River Basin
Donald R. van der Vaart
Secretary
D W Q # 15 -0676
Beaufort County
On -Site Determination for Applicability to the Tar - Pamlico River Riparian Area Protection Rules (15A NCAC
2B .0259)
Dear Mr. Tubaugh:
On July 31, 2015, at your request 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- 0676" on the attached map(s) initialed by Mr.
Scarbraugh on August 10, 2015. The project is located near 1545 Wares Chapel Lane in 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. He evaluated the stream reach "15- 0676"
at 35.60398 N, 77.03856 W and calculated the score to be 27 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- 0676" 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: [phone] Internet: www.ncdenr.gov
An Equal Opportunity I Affirmative Action Employer— Made in part by recycled paper

Stephen R. Tubaugh
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
1508 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,
r-o- -�j
Robert Tankard, Assistant Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDENR
Attachments: USGS Topographic 1:24,000 Quadrangle Map "Washington"
copy of sheet 6, 1995 version of Beaufort County Soil Survey
cc: Laserfiche
File Copy
Filename 15 -0676

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