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HomeMy WebLinkAbout20150897 Ver 2_Buffer Determination_20151112North Carolina Department of Environmental Quality Pat McCrory Governor November 12, 2015 Reverend James Lindsay New Hope Full Gospel Church PO Box 665 Ayden, NC 28513 Subject Property: New Hope Full Gospel Church UT to Swift Creek, Neuse River Basin Donald R. van der Vaart Secretary DWR # 15 -0897 V2 Pitt County On -Site Determination for Applicability to the Neuse River Riparian Area Protection Rules (15A NCAC 2B .0233) Dear Pastor Lindsay: On November 10, 2015, at your request 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 02B .0233). Please-note, a previous stream determination was conducted by Roberto Scheller of Division of Water Resources (DWR) on September 8, 2015. On November 4, 2015, the DWR received verbal confirmation from Pastor Lindsay stating the stream determination conducted by Mr. Scheller was not in the correct location. This on -site determination supersedes the determination issued on September 8, 2015. The feature is labeled as "15 -0897 V2" on the attached map(s) initialed by Mr. Scarbraugh on November 12, 2015. The project is located southeast of intersection of Southeast Avenue and and Boulevard Street in Ayden, Pitt County, INC. At your request, Mr. Scarbraugh conducted on -site determination as stated above. During his review, he evaluated the stream using the Division of Water Resources (DWR) Stream Classification Form. Feature Not Subject E /I /P* Start@ Stop@ Subject to to Buffers Buffers 15 -0897 V2 I X P @ Flag 15 -0897 V2 Begin @ Flag 15 -0897 V2 End • E /I /P— Ephemeral /Intermittent /Perennial The DWR has determined that a portion of feature labeled as "15 -0897 V2" on the attached map(s), and highlighted in blue is 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 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: w ww.nodenr.gov An Equal Opportunity 1 Affi native Action Employer— Made in part by recycled paper Reverend James Lindsay New Hope Full Gospel Church Stream Determination Page 2 of 2 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 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, Robert Tankard, Assist/tRegional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ Attachments: USGS Topographic 1:24,000 Quadrangle Map "Ayden" copy of sheet 68, 1974 version of Pitt County Soil Survey cc: Laserfiche File Copy Filename 15 -0897 V2 SCALE 1:12000 0 1000 2000 3000 Feet 5' 30.0000" W 077° 24'60.0000" W 077° 24'30.0000" W P`verUe J ne "ntal \ta Van m Cmop mission der ours 'o fOc„� arrc ta:St > Date m • ?20 Cu`r'ia g ai ReNewed by ; O` • c• z o , Eat �� C /4h,�r/ g o c N , N ° Y � . a St Ha Feature: 15-0897 V2 " �« Flag: 15-0897 V2 Begin c (--Faw N rh� �s ue 5th S,t th t � � .- m • io Flag: 15-0897 V2 End �°j • �a Z- sth Sty `<Vest th t o D i w z o I inley_St ° O o o , . U1 N I Ianters;St_ ° L O ° 'estB+rwick -St. 3y Ed9eR'•a :�` om� ti•••� Drive %��N� Franklin- ,1 Thr�St ` t �0�� ✓ �/ sh z o °o • / V.a � N t a °o 9r Co right iM 20 To 2 15TOMT 5' 30.0000" W 077° 24'60.0000" W 077° 24' 30.0000" W SCALE 1:12000 0 1000 2000 3000 Feet 0 v m m u N III1S n IIN. irk (Joins sheet 73) porlh Carolina Environmental MenageMent Commission, Mialon of Water Resources t s oce PITT COUNTY, NORTH CAROLII oA