20160508 Ver 1_Buffer Determination_20160623

N.' r, -o_
Water Resources
ENVIRONMENTAL QUALITY
Mr. Joseph Speight
605 Queen Annes Rd.
Greenville, NC 27858
Subject Property:
Dear Mr. Speight:
PAT MCCRORY
DONALD R. VAN DER VAART
June 23, 2016
3809 Ashcroft Dr., Winterville, Pitt County, NC
Fork Swamp, Neuse River Basin
see.emn
S. JAY ZIMMERMAN
Dwain,
D W Q # 16-0508
Pitt County
On June 10, 2016, at your request, Mr. Scott Vinson of the Division of Water Resources, Washington
Regional Office, conducted an on-site determination to review a drainage feature to Fork Swamp located
on the subject property to determine if the feature would be considered a stream using the NC Division
of Water Resources Stream Classification Form. The feature is labeled as "16-0508" on the attached
map(s) initialed by Mr. Vinson on June 23, 2016. The subject property is located at 3809 Ashcroft Drive,
Winterville in Pitt County, North Carolina.
The Division of Water Resources (DWR) has determined that the feature labeled as "16-0508" on the
attached maps, and highlighted in red, is not considered a stream. The portion of this open ditch shown
in red leading from the culvert to the stream is not required to have a 50 foot riparian buffer. The
portion of the separate feature running along the back of the lot is known as Fork Swamp and is
considered a blue line stream. This is highlighted in blue. There is a 50 foot riparian buffer along the
back of this single family lot starting at the top of the bank. Please remember that any new
concentrated stormwater flows must be converted to non-erosive diffused sheet flow prior to entering
the 50 foot riparian buffer.
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 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, 1617 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 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
State of North Carolina I Environmental Quality 'i Water Resources -Water Quality Regional Operations -Washington Regional Office
943 Washington square Mail, Washington, NC 27889
252-946-6481

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 stream determinations and does not 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 Scott Vinson in the Washington Regional Office at [phone].
Attachment: Flagging Location Map
cc: WaRO File Copy
DWR 401 & Buffer Permitting Unit
Sincerely,
in
ikon ✓'
Robert Tankard, Assistant Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDENR
Filename 16-0508

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