20150980 Ver 1_Buffer Determination_20151005

North Carolina Department of Environmental Quality
Pat McCrory
Governor
October 5, 2015
Roberson Land Development, Inc.
Attn: Mr. Robert D. Parrott
1615 Bayview Road
Bath, NC 27808
Subject Property: Mill Creek Subdivision
UT to Swift Creek, Neuse River Basin
Donald R. van der Vaart
Secretary
D W Q # 15 -0980
-------Pitt County - - -_'
On -Site Determination for Applicability to the Neuse River Riparian Area Protection Rules (15A NCAC 2B
.0233)
Dear Mr. Parrott:
On September 23, 2015, at request your consultant Mr. Scott Stone of Environmental and Soil Service, Inc.,
Anthony Scarbraugh conducted on -site determination to review unnamed tributary (UT) to Swift Creek
located on the subject property for applicability to the Neuse Buffer Rules (15A NCAC 2B .0233). The feature
is labeled as "15- 0980" on the attached map(s) initialed by Mr. Scarbraugh on October 5, 2015. The subject
property is located at the end of Megan Drive in Greenville, Pitt 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.
Feature
Not
Subject
E /I /P*
Start@
Stop@
Subject to
to
Buffers
Buffers
15 -0980
X
I E (Ditch)
@ Flag 15 -0980 Begin
@ Flag 15 -0980 End
C E/ I/ P— Ephemeral /Intermittent /Perennial
The Division of Water Resources (DWR) has determined that portion of feature labeled as "15- 0980" on
the attached map(s), 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.
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
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 Affirmative Action Employer — Made in part by recycled paper

Roberson Land Development, Inc.
Attn: Robert D. Parrott
Stream Determination
Page 2 of 2
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 -1617. 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-tirriely manner. To ask for a heai`ing —send a written petition; whicfi conforms to Chapter 1508 of "
the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Ma&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,
_KJ4
Robert Tankard, Assistant Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDENR
Attachment: copy of sheet 48, 1974 version of Pitt County Soil Survey
cc: Laserfiche
File Copy
Kyle Barnes, USACE Washington Regulatory Field Office (via email)
Scott Stone, Environmental and Soil Services, Inc. (via email: essoil @aol.com)
Filename 15 -0980

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