20160290 Ver 1_Staff Comments_20160517

Scarbraugh, Anthony
From: Bland, Raleigh W SAW <[e-mail].1ftEIVEDINCOENRIDWR
Sent: Wednesday, May 18, 2016 8:17 AM
To: Scarbraugh, Anthony
Subject: ---RE:-EJE evaluation - — MAY 18 20
Water ouality Regional
Operations SWUM
Anthony, Washington Regional Office
Please give me a call at your convenience and I can update you on our involvement with this property. I believe Henry
Wicker was out there many years ago and made a call, then Emily Jernigan. Roberto may have been involved when Emily
was out there? The original reviews only included the ditch area between the culverts and did not go all the way down
to the well point. A few years ago, I reviewed the area south of the initial review area and determined that we did not
have jurisdiction up to the area near the well point structure. This was an approximate determination but basically
allowed C&D to work within their defined project area at the time. Per our operational protocol, we reviewed NC and US
topographic maps, our internal waters of the US data sites, and Pitt County Soils Maps. Although the soils maps do show
significant topographic relief between the soil taxonomic breaks, the lack of blue line features on the topographic maps
and our data sites, resulted in a determination of no DA jurisdiction up to the area of the well point.
Mr. Wayne Bell of C&D stopped by this office Monday morning and I briefly explained how we made our determination
and how it affected any subsequent permit being required from the Corps, but recommended he contact you to discuss
the DWR determination. I also explained that we did not utilize the DWR Stream Classification Form at the time of our
review but understood that if the data supports identification of the feature, even with the lack of a visible blue line
feature on a topographic map, then the State could assess those findings and the waterway would be subject to the
State's regulations. He stated to me that he would contact you and discuss how this would affect their proposed future
project plans.
-----Original Message -----
From: Scarbraugh, Anthony [mailto:[e-mail]]
Sent: Tuesday, May 17, 2016 4:32 PM
To: Wayne Bell <[e-mail]>
Cc: Bland, Raleigh W SAW<Ra leigh.W. Bland@ usace.army.mil>
Subject: [EXTERNAL] RE: EJE evaluation
Mr. Bell,
Please find attached the 1974 Pitt County Soil Survey and aerial photo of the subject project area and soil polygons. As
discussed onsite, the feature would be subject to the Tar -Pamlico Riparian Buffer Rules and any proposed fill of the
buffer would require a variance from the Tar -Pamlico Buffer Rule.
As discussed on attached stream determination issued under DWR Project 16-0290 to you on April 21, 2016, 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
1506 of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,
N.C. 27699-6-7-14.This-determination-is-final-and-binding unless you ask for a hearing within -60 days.
If you have any further questions, please feel free to contact me.
Thanks,
Anthony Scarbraugh
Anthony Scarbraugh
Environmental Senior Specialist
Division of Water Resources - Water Quality Regional Operations
Department of Environmental Quality
252 948 3924 office
[e-mail]
943 Washington Square Mall
Washington, NC 27889
Email correspondence to and from this address is subject to the

North Carolina Public Records Law and may be disclosed to third parties.
From: Wayne Bell [mailto:[e-mail]]
Sent: Tuesday, May 17, 2016 9:53 AM
To: Scarbraugh, Anthony <[e-mail]>
Subject: EJE evaluation
Anthony,
I would like to stop by to discuss the on-site determination that was made several weeks ago. I would like to see the
map that shows this blue line. The corp of engineers cannot find a map stating this. We have had 3 different engineers
out over past several years and have stated and signed that we are good. I do remember a conversation about once we
got down past our wells toward creek that it could possibly be but nothing upward of that. I just feel further discussion
is needed on this topic. Please contact me.
Cell # 717-8150
Wayne Bell,
Vice President
EJE Recycling & Disposal, Inc.
802 Recycling Lane
Greenville, N.C. 27834
252-752-8274 Phone
252-752-9016 Fax
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