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HomeMy WebLinkAbout20150744 Ver 1_Buffer Determination_20150818AAA NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor August 18, 2015 YMCA of the Triangle, Inc. Attn: Mr. Tim Carr 801 Corporate Center Drive Raleigh, NC 27607 Subject Property: Camp Sea Gull Aquatics Facility LIT to Neuse River, Neuse River Basin Donald R. van der Vaart Secretary DWQ # 15 -0744 Pamlico County On -Site Determination for Applicability to the Neuse River Riparian Area Protection Rules (15A NCAC 2B .0233) Dear Mr. Carr: On August 13, 2015, at the request of your consultant Mr. Bob Zarzecki of Soil and Environmental Consultants, PA, Anthony Scarbraugh conducted an on -site determination to review unnamed tributary (LIT) to Neuse River located on the subject property for applicability to the Neuse Buffer Rules (15A NCAC 2B .0233). The feature is labeled as "15- 0744" on the attached map initialed by Mr. Scarbraugh on August 18, 2015. The project is located at 218 Sea Gull Landing near the Town of Arapahoe in Pamlico County, NC. 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 -0744 at N 34.96943 W 76.79977 and found evidence that the feature was a manmade pond located outside of a natural drainage way. North Carolina Administrative Code 15A NCAC 023 .0233(3)(b)(ii) states "Manmade ponds and lakes that are located outside natural drainage ways" are exempt from the riparian requirements." 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 the portion of the feature labeled as "15- 0744" on the attached map, and highlighted in red 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. 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 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 Acton Employer— Made in part by recycled paper YMCA of the Triangle Area, Inc. Attn: Mr. Tim Carr Stream Determination Page 2 of 2 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, 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 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, 1' t v -Z:q Robert Tankard, Assistant Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDENR Attachment: USGS Topographic 1:24,000 Quadrangle Map "Cherry Point' cc: DWR 401 & Buffer Permitting Unit (laserfiche) File Copy Bob Zarzecki, Soil and Environmental Consultants, PA (via email bzarzecki(@sandec.com) Filename 15 -0744 SCALE 1:12000 0 1000 2000 3000 Feet