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HomeMy WebLinkAbout20150782 Ver 1_Buffer Determination_201508177YA NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor August 17, 2015 Mr. Jason A. Huston Parker & Associates, Inc. 306 New Bridge Street Jacksonville, NC 28540 Subject Property: Property Located off Old Comfort Road (SR 1134) Neuse River Basin, Trent River, Cypress Creek Donald R. van der Vaart Secretary DWQ # 15 -0782 Jones County On -Site Determination for Applicability to the Neuse River Riparian Area Protection Rules (15A NCAC 213.0233) Dear Mr. Huston: On August 5, 2015, at your request, Mr. Roberto Scheller of this Office conducted an on -site determination of a drainage features located at the subject property. The drainages were reviewed for applicability to the Neuse Buffer Rules in accordance with (15A NCAC 213.0233). The features are labeled as "15 -0782 A and 15 -0872 B" on the attached maps and initialed on August 17, 2015. The Division of Water Resources (DWR) has determined that the features labeled as "15 -0782 A and 15- 0782 B ", as illustrated on the attached maps and highlighted in red, are not subject to the Neuse Buffer Rules. The stream determination begins at the headwater of a drainage feature labeled as 15 -0782 A and continues down gradient. The second feature is located at the back of the subject field and is as marked on the attached maps. 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 Division of Water Resources —Water Quality Regional Operations Section — Washington Regional Office 943 Washington Square Mall, Washington, NC 27889 Phone: 252- 946 -64811 FAX: 252-975-3716\ Internet: vvvnv.ncdenr.gov An Equal Oppotlunity 1 Affirmative Action Employer Page 2 by the Director. A request for a determination by the Director shall be referred to the Director in writing c/o Karen Higgins, 1650 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. DWR recommends that the applicant conducts 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 1506 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 Roberto Scheller in the Washington Regional Office at (252) 948 -3940. Sincerely, Roberto L. Scheller Senior Environmental Specialist Division of Water Resources Attachments: Jones County Soil Survey map Phillips Crossroads, USGS Quad map Aerial cc: Richard Peed, DELMR, WaRO Laserfiche DEMLR- WaRO File Copy KeA (fu CrC l In w° ....... �r8 k / i Mk To t ,(�Jo Anti Ane w.O J. '*... 6nA NaA JO �0 \ An8 KaA Y On 0 J G4A fla Jo w ✓ r KaA KeA n. W. Ken A ,.JO -. VW KaA �e .Mk KaA k 6 KeA Mk F P. tO4 ��l W Le GoA On N o�\, Noe st .� \ Mk K°A W. Jo It / J AnB 'An9 �0 C.0 J oA / GoA ArB Gre jJ Jo I /� Pa ' / f PA 1 NOB G.A No ...� �. f1 \4 / / LY I lY Hu - L� �\ ` AuB LY Le f . Fn i ! a i GoA LY /GL Aue l�l 11 �w � Na6 � >t Gn� Is t r GoA ) / MF � u� ^J .GOA Ra \ \ \JJl o �� Ra Fri \ / p A AuB rn W° � Pn � V.. .j Gt A �` J st sl Ft, m,,p was Compiled oy U.S. Department of Agriculture. ^\ — -- -/ - mom n Service and cooperating agencies on 5000 4000 x1000 2,6 tography obtained from U.S. Department � Geological Survey 11/VbMt�dOr�; tay��MoWn worth Cerelti _., .- - .... ... ..... .. ManagemeeR SCALE 1:12000 d Wdw 1000 2q o MID FOP - ammin M< L - --- Keel Dsie � 8 �Ie111oWN) roe ap AAa 11 er. aa,a M ..ertssz,u r, ,ecec.no,s � �roz , , . .j