20151036 Ver 1_Buffer Determination_20151012

North Carolina Department of Environmental Quality
Pat McCrory
Governor
October 12, 2015
Southeast Investors Group, LLC
Attn: Mr. Ted Ivey
229 NC Highway 11 South
Goldsboro, NC 27534
Subject Property: Southeast Investors Group, LLC Property
UTs to Stoney Creek, Neuse River Basin
Donald R. van der Vaart
Secretary
DWR # 15 -1036
Wayne County
On -Site Determination for Applicability to the Neuse River Riparian Area Protection Rules (15A NCAC 2B
.0233)
Dear Mr. Ivey:
On October 7, 2015, Anthony Scarbraugh at the request of your consultant Mr. Kevin Martin of Soil and
Environmental Consultants, LLC conducted on -site determinations to review unnamed tributaries (UTs) to
Stoney Creek located on the subject property for applicability to the Neuse Buffer Rules (15A NCAC 2B .0233).
The features are labeled as "15 -1036 A, 15 -1036 B, and 15 -1036 C' on the attached map(s) initialed by Mr.
Scarbraugh on October 12, 2015. The project is located between Gateway drive and McLain Street in
Goldsboro, Wayne County, NC.
At your request, Mr. Scarbraugh conducted on -site determinations as stated above. During his review, he
evaluated the streams using the DWR Stream Classification Form. He evaluated the stream reach "15 -1036
A" at N 35.35991, W 77.90999 and calculated the score to be 0 points. The feature was not present. He
evaluated the stream reaches "15 -0679 B" at N 35.35836, W 77.92135 and "15 -0679 C' at N 35.36005, W
77.92696 and found evidence that this is a man -made feature not constructed for the purposes of
navigational access. North Carolina Administrative Code 15A NCAC 02B .0238(3)(b)(ii) states "Ditches and
manmade conveyances other than modified natural streams which are used exclusively for drainage of
silvicultural land or natural forested areas" 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 features labeled as "15-
3036 A, 15 -1036 B, and 15 -1036 C' on the attached map(s), and highlighted in red are not subject to the
Tar - Pamlico 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.
Division of Water Resources - Water Quality Regional Operations Section - Washington Regional Office
943 Washington Square Mall, Washington, NC 27889
Phone: 252 - 946-6481 \ Fax: [phone]M Internet: www,ncdenr.gov
An Equal Opportunity \ Affirmative Action Employer— Made in part by recycled paper

Southeast Investors Group, LLC
Attn: Mr. Ted Ivey
Stream Determination
Page 2 of 2
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, 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.
S�inceDrely�
Robert Tankard, Assistant Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDENR
Attachment: copy of sheet 20, 1974 version of Wayne County Soil Survey
cc: Laserfiche
File Copy
Kevin Martin, Soil and Environmental, Consultants, LLC (via email: kmartinPsandec.com)
Filename 15 -1036

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