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HomeMy WebLinkAbout20160457 Ver 1_Buffer Determination_20160524Water Resources ENVIRONMENTAL QUALITY May 24, 2016 Summit Design and Engineering Attn: Mr. Aaron Hutchens 504 Meadowland Drive Hillsborough, NC 27278 Subject Property: State Employees' Credit Union UT to Cherry Run, Tar -Pamlico River Basin PAT MCCRORY ('11111" DONALD R. VAN DER VAART S"'war) S. JAY ZIMMERMAN Direct., DWR # 16-0457 Beaufort County On -Site Determination for Applicability to the Tar -Pamlico River Riparian Area Protection Rules (15A NCAC 2B .0259) Dear Mr. Hutchens: On May 23, 2016, Robert Tankard and Mr. Scott Vinson at your request conducted an on-site determination to review the unnamed tributary (UT) to Cherry Run located on the subject property for applicability to the Tar -Pamlico Buffer Rules (15A NCAC 2B .0259). The feature is labeled as "16-0457 A and 16-0457 B" on the attached map initialed by myself on May 24, 2016. The project is located near 15th Street and Whispering Pines Road in Washington, Beaufort County. At your request, Tankard and Vinson conducted the on-site determination as stated above. During their review, they 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 16-0457 X I @ Flag 16-0457 A Begin @ Flag 16-0457 B End • E/I/P—Ephemeral/Intermittent/Perennial The DWR has determined that portion of feature labeled as "16-0457" on the attached map(s), and highlighted in blue is subject to the Tar -Pamlico Buffer Rules. Please note that the feature is a relocated stream from the US Hwy. 17 Bypass project. 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 State of North Carolina I Emironnctual Quality I Water Resources -Water Quality Regional Operations -Washington Regional Office 943 Washington Square Mail, Washington, NC 27889 252-946-6481 Summit Design and Engineering Attn: Mr. Aaron Hutchens Stream Determination 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 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 Robert Tankard in the Washington Regional Office at (252) 948-3921. Sincerely, Robert Tankard, Assistant R gional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ Attachment: copy of US Topo Map, Washington Quad 2013 edition cc: Laserfiche File Copy Filename 16-0457 'KS NECK RD Cr CI H Shop Cove —VI` O_i — — BEAUFOR'r CO S+0.+2 Emp 10yces LA4wr r U,,l WRs�rn9fa.>, AIC- QV404 20/3 o4s7 a � � � 1 Beaufort Commur \ W Fi Air 0 9;