20091224 Ver 1_On-Site Determination_20080909

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Michael F Easley, Governor
William G Ross Jr, Secretary
North Carolina Department of Environment and Natural Resources
Coleen H Sullins, Director
Division of Water Quality
September 9, 2008
Mr David E Bailey
North Carolina Department of Transportation, PDEA, NEU
1598 Mail Service Center
Raleigh, NC 27699-1598
Subject NCDOT TIP B-3611, Beaufort County
Pantego Creek, Tar-Pamlico River Basin
DWQ Stream Index No 29-34-34-(2), SC,NSW
On-Site Determination for Applicability to the Tar-Pamlico Buffer Rules (15A NCAC 2B 259)
On-Site Determination for Applicability to the Mitigation Rules (15A NCAC 2H.0506[h])
Dear Mr Bailey
On August 18, 2008, you requested that the Division of Water Quality (DWQ) staff review drainage features located
within the B-3611 (Bridge No 77 replacement over Pantego Creek near Belhaven) for applicability to the Tar-Pamlico
River buffer Rules and for applicability to the mitigation rules (15A NCAC 2H 0506[h])
David Wainwright, DWQ staff, had previously visited the site on April 18, 2007 with staff from the NCDOT and
USACE The drainage features are approximated on the attached map initialed and dated August 28, 2008
Feature Subject Feature Description Located on USGS
and/or NCRS Ma
Pante o Creek Yes Prima waterbod Yes
1 Yes Roadside canal Yes*
2 Yes Tidal canal Yes
3 Yes Pante o Creek cove Yes
4 Yes Pante o Creek cove/marina Yes
5 No Roadside ditch No
6 No Roadside ditch No
7 No Roadside ditch Yes**
*This feature is subject to the extent shown on the attached map See below for more details
** This ditch, although shown on the USGS map, has been highly modified, filled, and is separated by uplands See below for more details
Pantego Creek and the adjacent coves and canals (Features 1, 2, 3, and 4) listed in the table are shown on the
USGS 1 24,000 topographic quadrangle map (Pantego Quadrangle) The Tar-Pamlico buffer rules will apply
to Feature 1 to the extent shown on the attached map The feature continues on beyond what is shown on the
map, and functions as a roadside ditch The excluded area was most likely dug to drain the road and for fill
material Feature 4 has been modified from what is shown on the attached map to build a marina Feature 5 is
NorthCarolina
Transportation Permitting Unit Naturally
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone [phone] / FAX [phone] / Internet htt? Hh2o enr state ne us/newetlands
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not shown on the attached map and appears to be roadside drainage ditch and appears to have been dug for use
as fill material for the existing roadway The area around and along Feature 7 has been greatly modified in the
past The map shows a feature labeled as "Roper Ditch" extending along the roadside from Pantego Creek to
the intersection of NC 99 and US 264 The adjacent property to the west has been covered with extensive fill
material The ditch (Feature 7) is now acting as an ephemeral ditch, and is isolated from the lower portion of
the ditch by an upland area (which may have been created when the fill was brought in) and is no longer
connected to Pantego Creek as indicated on the map For these reasons, Feature 7 is not subject
Please note that no other features at the site were evaluated
This letter only addresses the applicability to the mitigation rules and the buffer rules and does not approve any activity
within the buffer, Waters of the United States, or Waters of the State Any impacts to wetlands, streams and buffers must
comply with the Tar-Pamlico Buffer Rules, 404/401 regulations, water supply regulations (15A NCAC 213 0216), and
any other required federal, state and local regulations Please be aware that even if no direct impacts are proposed to the
protected buffers, sheet flow of all new stormwater runoff as per 15A NCAC 213 0259 is required
The owner (or future owners) or permittee should notify the DWQ (and other relevant agencies) of this decision in any
future correspondences concerning this property and/or project 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 DWQ or Delegated Local Authority that a
surface water exists and that it is subject to the mitigation rules 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 John Hennessy, DWQ Wetlands/401
Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650 Individuals that dispute a determination by the DWQ or
Delegated Local Authority that "exempts" a surface water from the mitigation rules 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 DWQ recommends that the applicant conduct this notification in order to be certain that third parry 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
If you have any additional questions or require additional information please call David Wainwright at [phone] or
david wainwright@ncmail net
Sincerely,
David Wainwright
Attachments USGS map showing applicable features
cc William Wescott, US Army Corps of Engineers - Washington Regulatory Field Office
Garcy Ward, DWQ Washington Regional Office
DWQ Wetlands 401 Transportation Unit File
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