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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 '�a• �., � :tee �� gid, �°� ��` �.^•� �. � "'�: \'• .I �'� ::� ;i�!:+�. '� ;,>•3.� �•.�.' ... V IT gip': [' '' 1. i•;3?':... DIurWa. e e M : w � AaA £' ' ^. .°�a •" €a . � ,, .. rc .' .. °s:� m ..•'.::. C . ':.} ti'r; . .nom-m'.."£u a 41 k6� i�•. �� :l 1: ayto r 1" a q w \qA ^ °;:a,: .°erg=»" � � / .�.''. �_. +a, ' & •`t} +��`. � �$. t. v t„•.: �i I 1 EgB �i% I� . ...RE.os �. .'. ° dyL se '° ae KBE P�I a• ... 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