HomeMy WebLinkAbout20160674 Ver 1_Buffer Determination_20160729 PAT MCCRORY
Governor
DONALD R. VAN DER VAART
ITZ.
secretary
Water Resources S. JAY ZIMMERMAN
ENVIRONMENTAL QUALITY
Director
July 29, 2016
DWR#16-0674
Pamlico County
Mr. Garvin B. Hardison
316 Country Club Drive
Minnesott Beach, NC 28510
Subject Property: Bland Road/Country Club Drive Site
UT to Neuse River, Neuse River Basin
On-Site Determination for Applicability to the Neuse River Riparian Area Protection Rules(15A NCAC 2B
.0233)
Dear Mr. Hardison:
On July 25, 2016, Randy Sipe at the request of your consultant Robert McDonald of McGraphics
Associates, Inc. conducted an on-site determination to review an unnamed tributary(UT)to Neuse River,
referenced as Spring Branch on your application, located on the subject property for applicability to the
Neuse Buffer Rules (15A NCAC 2B .0233). The feature is labeled as "UT to Neuse River" on the attached
map(s) initialed by Mr.Sipe on July 29,2016. The project is located north of Country Club Drive and South
of Bland Road in Minnesott Beach, Pamlico County.
At your request, Mr. Sipe 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
16-0674 X I @ Flag 16-0674 Begin @ Flag 16-0674 End
34.97140N, 76.80883W 34.96857N, 76.80944W
• E/I/P—Ephemeral/Intermittent/Perennial
The DWR has determined that the portion of feature highlighted in blue on the attached map(s) is
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
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
State of North Carolina Environmental Quality Water Resources—Water Quality Regional Operations—Washington Regional Office
943 Washington Square Mail,Washington,NC 27889
252-946-6481
Mr. Garvin B. Hardison
Stream Determination
Page 2 of 2
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 Randy Sipe in the
Washington Regional Office at(252) 948-3849.
Sincerely,
Zbr
Robert Tankard,Assistant egional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ
Attachments: Figure 1 Location Map
Figure 2 Soil Map
cc: Laserfiche
File Copy
Robert McDonald—McGraphics Associates, Inc., PO Box 338, Arapahoe, NC 28510
Filename 16-0674
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