20081853 Ver 2_Buffer Determination_20160906

Environmental
Quality
Mr. Sydney P. Britt
7 St. Francis Court
Greensboro, NC 27455
Subject Property
September 6, 2016
Ayden 116 Acre Farm
UTs to Little Contentnea Creek, Neuse River Basin
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Secretary
JAY ZIMMERMAN
DWR Director
DWR # 08-1853 V2
Pitt County
On -Site Determination for Applicability to the Neuse River Riparian Area Protection Rules (15A NCAC 2B
.0233)
Dear Mr. Britt:
On August 9 and 31, 2016, at your request, Anthony Scarbraugh conducted on-site determinations to
review unnamed tributaries (UT) to Little Contentnea Creek located on the subject property for
applicability to the Neuse Buffer Rules (15A NCAC 2B .0233). The features are labeled as "08-1853 V2 A
through 08-1853 V2 D" on the attached map(s) initialed by Mr. Scarbraugh on September 6, 2016. The
project is located intersection of NC Highway 102 and Pleasant Plain Road in Ayden, Pitt County.
At your request, Mr. Scarbraugh conducted on-site determinations as stated above. During his review, he
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@
08-1853 V2 A
X
E
@ Flag 08-1853 V2 A Begin
@ Flag 08-1853 V2 A End
08-1853 V2 B
X
E
P, Flag 08-1853 V2 B Begin
@ Flag 08-1853 V2 B End
08-1853 V2 C
X
E
@ Flag 08-1853 V2 C Begin
@ Flag 08-1853 V2 C E/I
08-1853 V2 C
X
I
@ Flag 08-1853 V2 C E/I
@ Flag 08-1853 V2 C End
08-1853 V2 D
X
E
@ Flag 08-1853 V2 D Begin
@ Flag 08-1853 V2 D End
• E/I/P — Ephemeral/Intermittent/Perennial
The DWR has determined that portion of features labeled as "08-1853 V2 A, 08-1853 V2 B, 08-1853 V2
C, and 08-1853 V2 D" on the attached map(s), and highlighted in red are not subject to the Neuse Buffer
Rules. The DWR has determined that portion of feature labeled as "08-1853 V2 U on the attached
map(s), and highlighted in blue is subject to the Neuse Buffer Rules. The features 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.
'"Ncsthin Compares`-_ _�
State of North Carolina I Environmental Quality I Water Resources -Water Quality Regional Operations Section -Washington Regional Office
943 Washington Square Mall, Washington, North Carolina 27889
252-946-6481

Mr. Sydney P. Britt
Stream Determination
Page 2 of 2
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 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 Anthony
Scarbraugh in the Washington Regional Office at [phone].
Sincerely,
at
Robert Tankard, Assistan Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ
Attachments: USGS Topographic 1:24,000 Quadrangle Map "Ayden"
copy of sheet 62, 1974 version of Pitt County Soil Survey
cc: Laserfiche
File Copy
Filename 08-1853 V2

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