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HomeMy WebLinkAbout20160508 Ver 1_Buffer Determination_20160516Y >: Y.gkl r ^ Water Resources ENVIRONMLNTAL QUALITY May 13, 2016 Outlaw Mobile Homes, Inc. Attn: Mr. Jeffrey L. Kornegay, PE, PLS/B.R. Kornegay, Inc 300 E. Walnut Street Goldsboro, NC 27530 Subject Property: Bonnie Farms UT to Carroway Creek, Neuse River Basin PAT MCCRORY Governor DONALD R. VAN DER VAART Secremry S. JAY ZIMMERMAN Direcmr DWR # 16-0468 Wayne County On -Site Determination for Applicability to the Neuse River Riparian Area Protection Rules (15A NCAC 2B .0233) — Express Review Program Dear Mr. Kornegay: On May 12, 2016, Scott Vinson and Don Burke, at the request of your consulting firm Jeffrey L. Kornegay, PE, PLS/B.R. Kornegay, Inc, conducted on-site determination to review an unnamed tributary (UT) to Carroway Creek located on the subject property for applicability to the Neuse Buffer Rules (15A NCAC 2B .0233). The feature is labeled as "16-0468" on the attached map(s) initialed by Mr. Vinson & Mr. Burke on May 12, 2016. The project/property is located on the southwest intersection of Genoa Road (1927) and Pecan Road (1918) in Wayne County, NC. At your request, Mr. Vinson conducted an 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 16-0468 X E @ Flag 16-0468 Beginl @ Flag 16-0468 End • E/I/P—Ephemeral/Intermittent/Perennial The DWR has determined that portion of feature labeled as "16-0468" on the attached map(s), and highlighted in red is not 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 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 QualityState of North Carolina I Enviromental Quality Regional ., Office 943 Washington square Mail, Washington, NC 27889 252-9464481 Outlaw Mobile Homes, Inc. Attn: Mr. Jeffrey L. Kornegay, PE, PLS/B.R. Kornegay, Inc Stream Determination — Express Review Program Page 2 of 2 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, Assistant gional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ Attachment: Copy of sheet #25, 1974 version of Wayne County Soil Survey Google Earth Topo Map Cc: Laserfiche File Copy Filename 16-0468