20090850 Ver 1_Buffer Determination_20091102

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
November 2, 2009
DWQ Project# 2009-0850
Beaufort County
Marian Keech
P.O. Box 159
Belhaven, NC 28510
Subject Property: Circle Grove Farms; Belhaven, NC - ditch cleanout
UT to Lower Dowry Creek, Tar-Pamlico River Basin;
(29-34-31; NSW, SC; 03-03-07)
On-Site Determination for Applicability to the Tar-Pamlico River Riparian Area
Protection Rules (15A NCAC 2B .0259)
Dear Mr./Mrs. Keech:
On July 7, 2009, at your request I conducted an on-site determination to review drainage
features located on the subject property for applicability to the Tar-Pamlico Buffer Rules
(15A NCAC 2B .0250). The project area is labeled as "2009-0850" on the attached map
initialed by me on November 2, 2009. The project is located on the south side of NC
HWY 264, approximately 1.6 miles east of the intersection of NC HWY 92 and NC
HWY 264, east of Belhaven,NC.
The Division of Water Quality (DWQ) has determined that the surface water
circled, highlighted in blue, and labeled as "2009-0850" on the attached map is at
least intermittent and is SUBJECT to the Tar-Pamlico Buffer Rule. However, a
portion of the intermittent stream has been periodically maintained over time, and
the point on the map where the feature ceases to be maintained is labeled as point
"A". This portion of the feature can continue to be maintained. This feature and its
associated buffers should be identified on any future plans for this property. The owner
(or future owners) should notify the DWQ (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.
North Carolina Division of Water Quality Internet: www.uewaterqualitv.org
943 Washington Square Mall Phone: [phone] One
Washington,NC 27889 FAX [phone] NorthCarohna
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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 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 Cyndi Karoly, DWQ, 401
Oversight/Express Review Permitting Unit, 2321 Crabtree Blvd., Suite 250, Raleigh,NC
27604-2260. Individuals that dispute a determination by the DWQ 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. DWQ
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 Chris Pullinger at [phone].
Sincerel ,
Al Hodge/ upervisor
Division of Water Quality
Surface Water Protection
Washington Regional Office
Enclosures: 1:24,000 scale USGS topographic map, Belhaven 7.5' quadrangle
cc: DWQ 401 Oversight/Express Unit
WaRO File Copy
USACE - Washington Field Office - Emily Jernigan
Brad Alligood, Beaufort Co. NRCS, Beaufort County Agriculture Center, 155
Airport Rd., Washington,NC 27889
Circle Grove Associates, c/o Harold Smith, P. O. Box 280,Belhaven NC 28410
Filename: 2009-0850

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