20150876 Ver 1_Buffer Determination_20150901

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NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
September 1, 2015
Mr. William Clark
336 Trade Winds Way
Grimesland, NC 27837
Donald R. van der Vaart
Secretary
DWQ # 15 -0876
Pitt County
Subject Property: Drainage Feature at Back of Lot, 336 Trade Winds Way, Grimesland
Tar - Pamlico River Basin, Tar River, LIT to Phillippi Branch
On -Site Determination for Applicability to the Tar - Pamlico River Riparian Area Protection
Rules (15A NCAC 2B.0259)
Dear Mr. Clark:
On September 1, 2015, at your request, Mr. Roberto Scheller of this Office conducted an on -site stream
determination of a drainage feature located along the back of your property located at 336 Trade Winds Way,
Grimesland. The drainage was reviewed for applicability to the Tar - Pamlico Buffer Rules in accordance with
(15A NCAC 2B.0259). The feature is labeled as "15- 0876 -A to 15- 0876 -B" on the attached maps and initialed
on September 1, 2015.
The Division of Water Resources (DWR) has determined that the feature labeled as "15- 0876 -A to 15-
0876-6", as illustrated on the attached maps and highlighted in red, is not subject to the Tar - Pamlico
Buffer Rules.
The stream determination begins at the southeastern property corner and labeled as 15- 0876 -A and continues
down gradient to the southwest property corner located along the subject feature and as labeled 15- 0876 -B.
The subject feature is as illustrated on the attached maps and marked on the ground with yellow DWQ
flagging.
It was noted at the time of the stream determination that the subject drainage, from the pond overflow to the
point where the subject feature passes under Hwy. 33, is not subject to the Tar - Pamlico Riparian Buffer Rules
and is considered an ephemeral drainage feature.
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
Division of Water Resources — Water Quality Regional Operations Section — Washington Regional Office
943 Washington Square Mall, Washington, NC 27889
Phone: [phone] FAX: [phone] Internet: w .nodenr.gov
An Equal opportunity 1 Affirmative Action Employer

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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, 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.
you have any additional questions or require additional information please call Roberto Scheller in the
Washington Regional Office at (252) 948 -3940.
Sincerely,
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Roberto L. Scheller
Senior Environmental Specialist
Division of Water Resources
Attachments: Pitt County Soil Survey map
Greenville SE, USGS Quad map
Aerial
cc: Laserfiche
File Copy

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