20160260 Ver 1_Buffer Determination_20160408

Water Resources
ENVIRONMENTAL QUALITY
April 8, 2016
Triple C, Inc. and Pirate Investments V, Inc.
Attn: Mr. Oscar Woolard
100 Simmons Lane
Washington, NC 27889
PAT MCCRORY
Govemor
DONALD R. VAN DER VAART
Subject Property: Triple C, Inc. Property
UT to Mitchell Branch, Tar -Pamlico River Basin
Secretary
S. JAY ZIMMERMAN
Director
DWR # 16-0260
Beaufort County
On -Site Determination for Applicability to the Tar -Pamlico River Riparian Area Protection Rules (15A
NCAC 26 .0259)
Dear Mr. Hardison:
On March 18, 2016, Anthony Scarbraugh at the request of your consultant Mr. Hood Richardson of Hood
Richardson P.A. conducted on-site determination to review unnamed tributary (UT) to Mitchell Branch
located on the subject property for applicability to the Tar -Pamlico Buffer Rules (15A NCAC 213.0259). The
feature is labeled as "16-0260" on the attached map(s) initialed by Mr. Scarbraugh on April 8, 2016. The
project is located at the end of P and G Lane in Washington, Beaufort County, NC.
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
16-0260
X
I
E (Ditch)
@ Flag 16-0260 Begin
@ Flag 16-0260 End
• E/I/P—Ephemeral/Intermittent/Perennial
The DWR has determined that portion of feature labeled as "16-0260" on the attached map(s), and
highlighted in red is not subject to the Tar -Pamlico Buffer Rules. The feature and the associated buffers
should be identified on any future plans forthis 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
252-9466481

Triple C, Inc. and Pirate Investment V, LLC
Attn: Mr. Hood Richardson
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 15OB 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,
��w -72
Robert Tankard, Assistant Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ
Attachments: USGS Topographic 1:24,000 Quadrangle Map "Washington"
copy of sheet 6, 1995 version of Beaufort County Soil Survey
cc: Laserfiche
File Copy
Hood Richardson, Hood Richardson, P.A. (via email: hrichardsonoaPembaromail.com)
Filename 16-0260

SCALE 1:12000
a 1000 2000 3000
Feet