20151319 Ver 1_Buffer Determination_20151231

Water Resources
ENVIRONMENTAL QUALITY
December 31, 2015
Bobby Dean Whichard
4475 US Highway 264 West
Washington, NC 27889
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Subject Property: Bobby Dean Whichard Property
UTs to Mitchell Branch, Tar -Pamlico River Basin
Secretary
S. JAY ZIMMERMAN
Director
DWR # 15-1319
Beaufort County
On -Site Determination for Applicability to the Tar -Pamlico River Riparian Area Protection Rules (15A
NCAC 02B.0259)
Dear Mr. Whichard:
On December 29, 2015, Anthony Scarbraugh at the request of your consultant Mr. Hood Richardson of
Hood Richardson, PA conducted on-site determinations to review an unnamed tributaries (Uts) to Mitchell
Branch located on the subject property for applicability to the Tar -Pamlico Buffer Rules (15A NCAC 02B
0259). The features are labeled as "15-1319 A and 15-1319 B" on the attached map(s) initialed by Mr.
Scarbraugh on December 31, 2015. The project is located on the western intersection of Flanders Filter
Road and US Highway 264 in Town of Washington, Beaufort 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-
1319 A" at N 35.59516, W 77.10246 and calculated the score to be 0 points. The feature was not present.
He evaluated the stream reach "15-1319 B" at N 35.59493, W 77.10298 and calculated the score to be 0
points. 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-
1319 A and 15-1319 B" on the attached map(s), and highlighted in red are not subject to the Tar -Pamlico
Buffer Rules. The features 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 a determination by the Director. A request for a determination by the Director shall be referred
State ofNonh Carolina I Fnvironmental Quality l Water Resources—Water Quality Regional Operations—Washington Regional Office
943 Washington Square Mail, Washington, NC 27889
252-946-6481

Bobby Dean Whichard
Stream Determination
Page 2 of 2
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 1508 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 [phone].
Sincerely,
ZL-/
Robert Tankard, Assistant Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ
Attachment: USGS Topographic 1:24,000 Quadrangle Map "Washington"
cc: Laserfiche
File Copy
Hood Richardson, Hood Richardson, PA (via email: hrichardsonpapembaramail.com)
Richard Peed, DEMLR WaRO
Filename 15-1319

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