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
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