20000462 Ver 1_COMPLETE FILE_20000405

State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
James B. Hunt, Jr., Governor
Bill Holman, Secretary
Kerr T. Stevens, Director
McDAVID ASSOCIATES, INC.
c/o Mr. Bradley C. Gillam. E.I.
120 N. Main Street
Farmville, NC 27828
1 ? •
AOMN
NC ENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
April 6, 2000
DWQ # 00-0462
Beaufort County
Re: Tar-Pamlico Riparian Area Protection Rules (15A NCAC 2B .0259)
Contract No. 2 - Water Distribution (40,500 ± feet / 2" - 8" water line)
Whichard's Beach Area
Beaufort County Water District VI - Chocowinity / Richland Township
Beaufort County
Dear Mr. Gillam,
The North Carolina Division of Water Quality (DWQ) along with personnel from the
North Carolina Attorney General's Office have reviewed your proposed water line project
located in the Beaufort County Water District VI (Contract No. 2). It is the position of the
DWQ, based upon the information provided within your letter dated March 29, 2000, that
your project is not subject to the Tar-Pamlico Riparian Buffer Protection Rules (15A NCAC
2B.0259).
Please call Bob Zarzecki at 919-733-9726 if you have any questions, comments or require
further information.
Sincerely,
Kerr T. Stevens
Cc: Brad Shaver, Washington Regional Office
Jill Hickey, NC Attorney General's Office
Central Files
File Copy
Non-Discharge Branch Wetlands/401 Unit 1621 Mail Service Center Raleigh, North Carolina 27669-1 62 1
Telephone [phone] FAX # [phone]
An Equal Opportunity Affirmative Action Empioyer 50% recy..Ied/IU% post consunicr pap?i
I'LM McDAVIDAsSOCUTES, INC.
INC. Engineers • Planners • Land Surveyors
CORPORATE OFFICE GOLDSBORO OFFICE
[phone] • Fax [phone] [phone] • Fax [phone]
120 N. Main Street • P.O. Drawer 49 109 E. Walnut Street • P.O. Box 1776
Farmville, NC 27828 Goldsboro, NC 27533
March 29, 2000
NC Department of Environment and Natural Resources ii
Division of Water Quality A WETLAN9GfOJI'
? - gUALITY ? SECTI-%
1621 Mail Service Center TER
.
Raleigh, NC 27699-1621 ? A
TT
SUBJECT: U Vested Rights Tar-Pamlico Buffer Rules
Contract No. 2 - Water Distribution
Whichards Beach Area
Beaufort County
Dear Mr. Zarzecki:
This letter is to further document our vested rights case with respect to the Tar-Pamlico
Buffer rules. In my previous correspondence to Brad Shaver, of which a copy is enclosed, I stated
that the CAMA General Permits for this project were obtained on January 20, 2000. Also enclosed
is my original correspondence to David Moye of CAMA dated July 13, 1999 which documents the
beginning of the CAMA Permit process. From July 13, 1999 to January 20, 2000 this office
gathered field survey data, prepared CAMA plats, and mailed over 200 Certified Mail - Return
Receipt CAMA Area owner notification letters. In some cases letters were mailed three (3) times
before the postal service returned a signed receipt from the recipient or an envelope marked
undeliverable. These CAMA plats and Certified Mail - Return Receipts were all completed after
CAMA had granted its tentative approval in August 1999, but before CAMA issued the formal permit
in January 2000.
Bids have been received for the project and the project has been awarded and is ready for
construction pending the outcome of this issue.
It is my understanding that the original time schedule as presented by personnel in the
regional CAMA office was to place the temporary rules into effect August 1, 2000. I further
understand that the announcement that the rules would come into effect January 1, 2000 was not made
until the last week of December 1999. (See enclosed extract from regulations).
Please take these additional facts into consideration when reviewing this case.
D405BCG00 1 10:40am
BC-97FDRI-WCHRDS-VESTED-RIGHTS-TAR-PAM.LTR;3 000329
Please advise as I may further assist.
Sincerely,
McDAVID ASSOCIATES, INC.
Bradley C. Gillam, E.I.
Farmville Office
WIatAN
BCG/lcm '' GROUP
ATER QUALITY SECTION
cc: Ms. Jill Hickey (Attorney General's Office - Fax No. 919-716-6767)
D405BCG00 2
BC-97FDRI-WCHRDS-VESTED-RIGHTS-TAR-PAM. LTR;3
INC.
10:40am
000329
McDAVIDAssOCIATES, INC.
IN Q Engineers • Planners • Land Surveyors
CORPORATE OFFICE GOLDSBORO OFFICE
[phone] - Fax [phone] [phone] • Fax [phone]
120 N. Main Street - P.O. Drawer 49 109 E. Walnut Street • P.O. Box 1776
Farraville, NC 27828 Goldsboro. NC 27533
February 18, 2000
7 0 2000
Mr. Brad Shaver
NC.DENR - WETLAWDS (qtr !
943 Washington Square Mall TER 9 UL1T SAC ?Lrd..
Washington, NC 27889
SUBJECT: Tar-Pamlico Buffer Rules
CN 2 - Water Distribution
Whichard's Beach
Beaufort County Water District VI-
Chocowinity/Richland Township
Dear Shaver:
As per our phone conversation, please find enclosed one (1) set of plans (MAI B-1325
Yellow) for the subject project. The plans depict 40,500± feet of 2"- 8" water line serving 300±
users in the Whichard's Beach area.
The project is funded by 1997 HUD Disaster Recovery Initiative Funds and is currently
scheduled to begin construction in late April of this year. The following is a list of permits received
for this project and the dates of issuance:
Public Water Supply Permit
Sedimentation and Erosion Control Permit
NPDES Permit
Stormwater Management Permit Waiver
CAMA Permit Nos. 2, 3, 4, 5 & 6
Department of Transportation Encroachment Permit
September 17, 1999
-August 30, 1999
August 30, 1999
September 7, 1999
January 20, 2000
September 1, 1999
Request waiver of the subject permit based upon the times that this project was funded and
permits were obtained.
D405BCG00 1 4:28pm
BCWD-VI-TAR-PAMLIC-BUFFER-SHAVER.LTR;3 000218
Please advise as I may further assist.
Sincerely,
McDAVID ASSOCIATES, INC.
Bradley C. Gillam, El
Farmville Office
BCG:lac/lcm
Enclosures.
cc: Don Davenport
Curtis Jett
®'9000
I EO 4 Roy p
INS
D405BCG00 2 4:28pm
BCWD-VI-TAR-PAMLIC-BUFFER-SHAVER.LTR;3 000218
MINC.
1 N C. Engineers - Planners - Land Surveyors
CORPORATE OFFICE GOLDSBORO OFFICE
(252x9M753-2139 - Fax (9nX753-7220 [phone] - Fax [phone]
120 N. Main Street - P.O. Drawer 49 109 E. Walnut Street - P.O. Box 1776
Far nville, NC 27828 Goldsboro, NC 27533
July 13, 1999
NC Department of Environment and Natural Resources
943 Washington Square Mall
Washington, NC 27889 n 2000
ii
ATTN: Mr. David Moye W LA its rG
TEP Qth !TY S?CTIi??U
SUBJECT: CAMA Permit
Contract No. 2 - Water Distribution
1997 Federal Disaster Relief Initiative Water
System Improvements, Whichards Beach
Area
Beaufort County
Dear Mr. Moye:
Please find enclosed one (1) set of Plans for 'Beaufort County 1997 Federal Disaster Relief
Initiative Water System Improvements, Contract No. 2 - Water Distribution Whichards Beach Area
(MAI B 1295 - Yellow). Please review the Plans and advise of any areas that require CAMA
permitting. Please feel free to call me to discuss the Plans or areas to be permitted. I can be reached
at [phone].
Please advise as I may further assist.
Sincerely,
McDAVID ASSOCIATES, INC.
Bradley C. Gillam, E.I.
Farmville Office
BCG:Icm
Enclosures
cc: Don Davenport
Curtis Jett
D405BCG99 1 8:20am
BEAUCO-97-FDRI-CN2-CAMA-PERMIT-REVIEW.LTR;3 990714
1 not be subject to this Rule. Riparian buffers adjacent to surface waters that appear on the maps shall be
2 subject to this Rule unless one of the following applies.
3 (a) EXEMPTION WHEN AN ON-SITE DETERMINATION SHOWS THAT SURFACE
4 WATERS ARE NOT PRESENT. When a landowner or other affected party believes
5 the maps have inaccurately depicted surface waters, he or she shall consult the Division or
6 the appropriate delegated local authority. Upon request, the Division or delegated local
7 authority shall make on-site determinations. Any disputes over on-site determinations shall
8 be referred to the Director in writing.: A determination of the Director as to the accuracy or
9 application of the maps is subject to review as provided in Articles 3 and 4 of G. S. 150B:
10 Surface waters that appear on the maps shall not be subject to this Rule if an on-site
11 determination shows that they fall into one of the following categories.
12 °- "(i) Ditches and manmade conveyances other than modified natural streams unless
13 constructed for navigation and/or boat access.
14 (ii) Manmade ponds and lakes that are located outside natural drainage ways.
15 (iii) Ephemeral (stormwater) streams.
16 (b) EXEMPTION WHEN EXISTING USES ARE PRESENT AND ONGOING. This Rule
17 shall not apply to portions of the riparian buffer where a use is existing and ongoing
18 according to the followin :
19 (i) 'A use shall be considered existing if it was present within the riparian buffer as of
20 August 1, 2000Jaril-Ky 1 2nm' Existing uses shall include, but not be limited to,
21 agriculture, buildings, industrial facilities, commercial areas, transportation
22 facilities, maintained lawns, utility lines and on-site sanitary sewage systems. Only
23 the portion of the riparian buffer that contains the footprint of the existing use is
24 exempt from this Rule. Activities necessary to maintain uses are allowed provided
25 that no additional vegetation is removed from Zone 1, except that grazed or
26 trampled by livestock, and existing diffuse flow is maintained, and sai:&ee waters
27 eye net dished. Grading and revegetating Zone 2 is allowed provided that the
28 health of the vegetation in Zone 1 is not compromised, the ground is stabilized and
29 existing diffuse flow is maintained.
30 (ii) At the time an existing use is pMsed to be converted to another use, this Rule
31 shall apply. An existing use shall be considered to be converted to another use if
32 any of the following applies:
33 (A) Impervious surface is added to the riparian buffer in locations where it did
34 not exist previously.
35 (B) An agricultural operation within the riparian buffer is taken eat ef preduefiea
36 converted to a non-agricultural use.
37 (C) A lawn within the riparian buffer ceases to be maintained.

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