20120144 Ver 4_Buffer and/or Stream Determination_20180409

77-1p—
Water Resources
LNVIRONMENIAL QUALAtr
Bridgers Delmus Family Limited Partnership
Attn: Mr. Bridgers Delmus
800 Logan Street
Goldsboro, NC 27534
ROY COOPFR
MICHAEL S, REGAN
LANDA CULPEPPER
WAYNE Couni
Subject: On -Site Determination for Applicability to the Neuse River Riparian Area
Protection Rules (15A NCAC 02B .0233) For Property Located at North side of
Intersection of Pikeville -Princeton Road and Capps Bridge Road, Wayne County,
NC, Property PIN 2673258073
Dear Mr, Delmus:
On February 19, 2018, the Division of Water Resources (DWR) received a request from Daniel
Taylor of Wildlands Engineering, Inc. to appeal an on-site determination made by the DWR
Washington Regional Office as provided in 15A NCAC 02B .0233 (3). On April 3, 2018, Anthony
Scarbraugh of DWR, conducted an on-site determination to review the feature located on the
subject property for applicability to the Neuse Buffer Rules (15A NCAC 02B.0233).
The feature evaluated is labeled as "20120144 VV on the attached maps initialed by Anthony
Scarbraugh. This feature appears on the USGS Topo 1-24,000 map. During the review, Mr.
Scarbraugh evaluated the feature using the DWR Stream Classification Form. Feature 20120144
V4 was evaluated and determined to be an agricultural ditch, and therefore, NOT SUBJECT
throughout the reach to the Neuse Riparian Buffer Rules. This feature continued upstream and
downstream of the subject property.
The feature evaluated is an unnamed tributary to Buck Swamp, Class WS -IV, NSW waters within
the Neuse River Basin. The form and maps are attached to this letter.
This determination, DWR Project # 20120144 V4, shall replace the determination originally
performed by the DWR Washington Regional Office as documented in their letter dated
January 29, 2018 and reference number DWR #12-0144 V3. This determination shall expire five
years from the date of this letter.
This determination can be contested as provided in General Statute 150B by filing a written
petition for an administrative hearing to the Office of Administrative Hearings (hereby known as
OAH) within sixty (60) calendar days.
State o£ North Carolina j, Environmental Quality ! Waler Resources
1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919 907 6300

DWR Project # 20120144 V4, Capps Bridge Buffer and Nutrient Mitigation Bank
Wayne County
Page 2 of 5
A petition form may be obtained from the OAH at or by calling the OAH
Clerk's Office at [phone] for information. A petition is considered filed when the original
and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal
office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state
holidays).
The petition may be faxed to the OAH at [phone], provided the original and one copy of
the petition along with any applicable OAH filing fee is received by the OAH within five (5)
business days following the faxed transmission.
Mailing address for the OAH:
If sending via U.S. Postal Service: If sending via delivery service (UPS, FedEx, etc.)
Office of Administrative Hearings Office of Administrative Hearings
6714 Mail Service Center 1711 New Hope Church Road
Raleigh, NC 27699-6714 Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to DENR-
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter only addresses the applicability to the buffer rules and does not approve any activity
within buffers or within waters of the state. If you have any additional questions or require
additional information please call Anthony Scarbraugh at [phone].
Sincerely,
Karen Higgins, Supervisor
401 & Buffer Permitting Branch
Enclosures: Site Map, USGS Topo, Stream ID Forms
cc: Laserfiche
Robert Tankard DWR Washington Regional Office
Katie Merritt, DWR Central Office (via email: katie.rnerri1t2ncdenr.gov)
401 & Buffer Permitting Branch files
Daniel Taylor, Wildlands Engineering, Inc. (via email: [e-mail])
Filenarne: 20120144 V4 Capps Bridge Buffer and Nutrient Mitigation Ban k_Strea mAppeal Letter.docx

Capps B
DWR Project # 20120144 V4, Capps Bridge Buffer and Nutrient Mitigation Bank
Wayne County
Page 3 of 5
20144 V4)

DWR Project # 20120144 V4, Capps Bridge Buffer and Nutrient Mitigation Bank
Wayne County
Page 4 of 5

DWR Project # 20120144 V4, Capps Bridge Buffer and Nutrient Mitigation Bank
Wayne County
Page 5 of 5
NC DVk7N 44trpam IdAnfifinatinn Fnrm RT-;. A 1 t
Date: t.
_ _ fl l Y
Project/Site:
� fZ tgi'
Latitude:
Evaluator: ca"
County: I `Yr z..,`
Longitude: _-� ,u Yf"
Total Points.
Stream is at least intermittent
l
Stream Determination (circle one)
tither
ff;t49orperennialif230, v,,A
Ephemeral Intermittent Perennial
e.g. Quad Name:.
A. Geomorphology (Subtotal =
Absent
_ Weak
Moderate
Strong
11 Continuity of channel bed and bank
0
1
2
3
2. Sinuosity of channel along thalweg
0
1
2
3
3. In -channel structure: ex. riffle -pool, step -pool,
'
2
n le- of sequence
0
1
2
3
4. Particle size of stream substrate
0
1
2
3
5. Activefrelict floodplain
0'
1
2
3
6. Depositional bars or benches
0
1
2
3
7. Recent alluvial deposits0
t
2
3
B. Fleadcuts
0 1
- _ _._
2
_....,__
3
9. Grade control
Natural
_. m.._ 0 0.5
v 1
1.5
10. valley _
- 0 0.5
-
1
1.5
11. Second or greater order channel
_ No - 0 - -
'Yes=
3
uo 4tIWPR 6A.aiW aW UIG 11u4 ItlrCUSGC IiiSl:uS39u1iS Irl rdldnlidr
Bm Hydrolo y- (Subtotal =
12. Presence of Basellow o t 2 3
13. Iron oxidizing bacteria 0 1 2 3
14. Leaf litter 1.5 1 0.S 0
15. Sediment on plants or debris 0 4.5
16. organic debris lines or piles 0 0.5 1 _ 1,5
17. Soil -based evidence of high water table? No 0 - Yes= 3
C. Biology- (Subtotal =
18. Fibrous roots in streambed �.._.ry
3
2
1
0
19. Rooted upland plants in streambed
3
21
.- .-_.
0
20. Macrobenlhos (note diversity and abundance)
0
'
2
3
21. Aquatic Mollusks
0
1
2
3
22. Fish
0
0.5
1
t.5
23. Crayfish
0 i
0.5
1
1.5
24:Amptribians _ _ ._
0
0:5
1
_
1.5__._
25. Algae
0
0.5
1T
1.5
26. Wetland plants in streambed
FACW = 0.75, t)BL
= 1.5
Other= 0
`perennial streams may also be Identified using other methods. See p. 35 of manual.
Notes:
Sketch: ( T��t }t 'rd.rl Gt.v14 .A {i`t � kt7tAtq r-_rri
'!/e 6A 172,.` S,UL
w�i`t# A/t;iWP;Le
pgg//�r y r V K7 _ 2 is VYV4/l eG ,k-7
L.�+t..
2,(2 c J 1I Y L ct , - q/