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Home My WebLink About20150824 Ver 1_Buffer Determination_20150818NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor August 18, 2015 Mr. Bryan Hulka 113 New Hampshire Lane New Bern, NC 28562 Subject Property: Bryan Hulka Property UT to Trent River, Neuse River Basin Donald R. van der Vaart Secretary DWQ # 15 -0824 Craven County On -Site Determination for Applicability to the Neuse River Riparian Area Protection Rules (15A NCAC 2B .0233) Dear Mr. Hulka: On August 17, 2015 at your request, Anthony Scarbraugh conducted on -site determination to review unnamed tributary (UT) to Trent River located on the subject property for applicability to the Neuse Buffer Rules (15A NCAC 2B .0233). The feature is labeled as "15- 0824" on the attached map(s) initialed by Mr. Scarbraugh on August 18, 2015. The project is located near 352 Mallard Riverfield Lane in Trenton, Jones 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- 0824" at 35.07333 N, 77.32673 W and calculated the score to be 26 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- 0824" on the attached map(s), and highlighted in blue is subject to the Neuse Buffer Rules. The portion of the feature labeled as "15- 0824" and highlighted in red and circled on the attached map(s), is not subject to the Neuse 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 Division of Water Resources - Water Quality Regional Operations Section - Washington Regional Office 943 Washington Square Mall, Washington, NC 27889 Phone: 252 - 946 -6481 1 Fax: 252 - 975 -37161 Internet: www.ncdenr.gov An Equal Opportunity 1 Affnnadve Action Employer - Made in pan by recycled paper Mr. Bryan Hulka Stream Determination Page 2 of 2 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, Robert Tankard, Assistant Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDENR Attachments: USGS Topographic 1:24,000 Quadrangle Map "Trenton" copy of sheet 5, 1981 version of Jones County Soil Survey cc: Laserfiche File Copy Filename 15 -0824 077° 19' 60.0000" W 077° 19'30,0000" W o o -� h I 6 == Gid-Newer emt -Roa d oil f:Cem � o. 15 -0824 r Z o o / o m -M e1 - - Z 6.5 ° ° ° -� Noede � BtrYednenhi Mangano t MmmbWon o DMWm d YP+OR ReeouM - Far�Ba�Y+DOW Date�20- Reviewed by _ ri ht JCJ 2009 M To 2006 -2015 Tom a 077° 19'60 0000" W 077 077° 19' 30.0000" W SCALE 1:12000 0 1000 2000 3000 Feet ILI _� Fa ( G PI G A �� r A Pn _- Nob �L* Mu - Ln Pa rAk LY ^io8 I CrCL KaA // --N Fta CzA o l AoB \, cioA KcA Pa �p,rt - / �� J NoB B Cit GoA�. KeA Pa \ ha Y�� Y 1 Ln I j "A pa l i> Ha Mk Mu Mk \ fi Go Ay \Lrg .Au8 NoB UrC NIB Pa r �> ,MaC KeA KeA L 1�.�� AU6 Le \ -Fa An �)Uk (�. < An6 l Mk MaC. 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