20160326 Ver 1_Buffer Determination_20160520

Water Resources
ENVIRONMENTAL QUALITY
May 20, 2016
Deep Run Water Corporation
Attn: Mr. Jamie Cannon
1821 Liddell Road
Deep Run, NC 28525
Subject Property: DRWC Water Main Extension
UTs to Hornpipe Branch, Neuse River Basin
7tirUTrare MIVA
DONALD R. VAN DER VAART
Secretary
S. JAY ZIMMERMAN
Director
DWR # 16-0326
Lenoir County
On -Site Determination for Applicability to the Neuse River Riparian Area Protection Rules (15A NCAC 2B
.0233)
Dear Mr. Cannon:
On April 26, 2016 and May 9 and 16, 2016 at the request of your consultant Ms. Michelle Clement of The
East Group, Randy Sipe (April 26, 2016) and Anthony Scarbraugh (May 9 and 16, 2016) conducted on-site
determinations to review unnamed tributaries (UTs) to Hornpipe Branch located on the subject property
for applicability to the Neuse Buffer Rules (15A NCAC 2B .0233). The features are labeled as "16-0326 A,
16-0326 B, 16-0326 C, and 16-0326 D" on the attached map(s) initialed by Mr. Scarbraugh on May 20,
2016. The project is located along the right of way of Sandy Foundation Road (SR 1137) between the
intersection of Big Oak Road (SR 1138) and Pa Nobles Road (SR 1136) near Deep Run, Lenoir County.
At your request, Messrs. Sipe and Scarbraugh conducted on-site determinations as stated above. During
their review, they evaluated the streams using the Division of Water Resources (DWR) Stream
Classification Form.
Feature
Not
Subject
to
Buffers
Subject
to
Buffers
E/I/P"
Start@
Stop@
16-0326 A
X
P
@ Flag A
@ Flag A'
16-0326 B
X
P
@ Flag B
@ Flag B'
16-0326 C
X
I
@ 16-0326 C Begin
@ 16-0326 C End
16-0326 D
X
E
@ 16-0326 D Begin
@ 16-0326 D End
• E/I/P—Ephemeral/Intermittent/Perennial
The DWR has determined that portions of features labeled as "16-0326 A, 16-0326 B, and 16-0326 C"
on the attached map(s), and highlighted in blue are subject to the Neuse Buffer Rules. The DWR has
determined that portion of feature labeled as "16-0326 D" 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
Stateof NonhCarolina Environmental Quality Water Resources -Water Quality Regional Operations -Washington Regional Office
943 Washington square Mail, Washington, NC 27889
252-946-6481

Deep Run Water Corporation
Attn: Mr. Jamie Cannon
Stream Determination
Page 2 of 2
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
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 Anthony
Scarbraugh in the Washington Regional Office at [phone].
Siinnceereely,
1`vw'
—rij
Robert Tankard, Assistant Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ
Attachments: USGS Topographic 1:24,000 Quadrangle Map "Deep Run"
copy of sheet 26, 1977 version of Lenoir County Soil Survey
cc: Laserfiche
File Copy
Michelle Clements, The East Group (via email: [e-mail])
Filename 16-0326

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