20160034 Ver 1_Buffer Determination_20160202

Water Resources
ENVIRONMENTAL QUALITY
Celia Haines
2778 Birchwood Drive
Orange Park, FL 32073
Subject Property:
February 2, 2016
Ford/Haines Property
UT to Neuse River, Neuse River Basin
PAT MCCRORY
Gnvemnr
DONALD R. VAN DER VAART
Secretary
S. JAY ZIMMERMAN
Direcmr
DWR # 16-0034
Craven County
On -Site Determination for Applicability to the Neuse River Riparian Area Protection Rules (15A NCAC
02B.0233)
Dear Ms. Haines:
On January 26, 2016, Anthony Scarbraugh at the request of Mr. Patrick Baker of Craven County Soil and
Water Conservation District, conducted on-site determination to review an unnamed tributary (Ut) to
Neuse River located on the subject property for applicability to the Neuse Buffer Rules (15A NCAC 02B
.0233). The feature is labeled as "16-0034" on the attached map(s) initialed by Mr. Scarbraugh on
February 2, 2016. The project is located at 4315 East US Highway 70 near New Bern, Craven County, NC.
At your request, Mr. Scarbraugh conducted an on-site determination as stated above. During his review,
he evaluated the stream using the DWR Stream Classification Form. He evaluated the stream reach 16-
0034 A at N 35.02517 N, W 77.00066 and found that although a feature was present, the feature does not
appear on either the most recent of the soil survey map prepared by the NRCS US Department of
Agriculture or the most recent version of the 1:24,000 scale (7.5 minute) quadrangle topographic maps
prepared by the US Geological Survey. In accordance with 15A NCAC 2B .0233 (3) which states that
riparian buffers adjacent to surface waters that do not appear on either of the maps shall not be subject
to this Rule.
The Division of Water Resources (DWR) has determined that the portion of the feature labeled as "16-
0034" on the attached map(s), and highlighted in red is not subject to the Neuse 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
State of North Carolina I Environmental Quality I Water Resources —Water Quality Regional Operations—Washington Regional Office
943 Washington Square Mail, Washington, NC 27889
252-946-6481

Celia Hanes
Stream Determination
Page 2 of 2
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 1508 of tf%-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. 1
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,/
Robert Tankard, Assistant Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ
Attachment: USGS Topographic 1:24,000 Quadrangle Map "Upper Broad Creek"
copies of sheets 12 and 13, 1989 version of Craven County Soil Survey
cc: Laserfiche
File Copy
Patrick Baker, Craven Soil and Water District,
302 Industrial Drive, New Bern, NC 28562
Filename 16-0034

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