20160531 Ver 1_Buffer Determination_20160623

Water Resources
ENVIRONMENTAL QUALITY
June 23, 2016
Ms. Addie M. Allegood C/O Mr. Linwood Allegood
499 Hines Drive
Ayden, NC 28513
Subject Property: Allegood Farm, Ayden, Pitt County, NC
UT to Swift Creek, Neuse River Basin
Dear Ms. Allegood:
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Secretary
S. JAY ZIMMERMAN
Dimaor
D W Q # 16-0531
Pitt County
On May 31, 2016, at the request of your consultant, Spruill and Associates, Inc., Mr. Scott Vinson of the
Division of Water Resources, Washington Regional Office, conducted an on-site determination to review
an unnamed tributary (UT) to Swift Creek 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 "16-0531" on the attached map(s) initialed by Mr. Vinson on June 23, 2016. The
subject property is located on the Northeast side of Ayden, lying on the north side of Hines Drive (NCSR
1122) in Pitt County, North Carolina.
The Division of Water Resources (DWR) has determined that a portion of feature labeled as "16-0531"
on the attached maps, and highlighted in blue is considered a stream. The stream labeled as "16-0531"
starts at approximately 35.4828 N, 77.4100 W starting just north of the culvert crossing and continues
north downstream offsite. The portions of the features highlighted in red are not considered streams.
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
150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service
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

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].
Sincerely,
Robert Tankard, Assistant Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDENR
Attachment: Flagging Location Map
cc: WaRO File Copy
DWR 401 & Buffer Permitting Unit
Stephen Spruill, Spruill & Assoc., Inc., 2747 E Tenth St., Greenville, NC 27858
Filename 16-0531

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