20100767 Ver 1_Buffer Determination_20101011

Ky Ar.
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue
Governor
Coleen H. Sullins
Director
Dee Freeman
Secretary
October 11. 2010
Town of Bethel
141 West Railroad Street
P.O. Box 337
Bethel, NC 27812
DWQ Project # 2010-0767
Pitt County
Subject Property: Pitt County Parcel 4 09330
Town of Bethel Phase I - 12" Water Supply
UT to Grindle Creek, Tar-Pamlico River Basin
Sub-basin 030305; Stream Index# 28-100; Class C, NSW
On-Site Determination for Applicability to the Tar-Pamlico River Riparian Area
Protection Rules (15A NCAC 2B.0259)
Dear Sirs:
On October 6, 2010, 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 .0259). The project area is labeled as "2010-0767" on the
attached map initialed by me (RCP) on October 11, 2010. The project is located
approximately 600 feet southeast of the intersection of NC HWY I U131 and NC HWY
30, south of the town of Bethel.
At your request, I conducted an on-site determination as stated above. During my review
I evaluated the stream using the DWQ Stream Classification Form. I evaluated the
stream reach just north of the culvert under NC I IWY 30, and calculated the score to be
5.75 points. The form states that if the score is "greater than or equal to 19 points the
stream is at least intermittent".
The Division of Water Quality (DWQ) has determined that the surface water
highlighted in pink and labeled as "2010-0767" on the attached map is an
ephemeral, man-made drainage, and is EXEMPT from the Tar-Pamlico Buffer
Rule. These features and their associated buffers should be identified on any future plans
North Carolina Division of Water QuAit+ Internet %NwA nowaterqua9ii? orr
943 Washington Square !Mall Phone, 252.948-5481
Washrnglon, NC' 27889 FAX 252-946-a2I5
An Equai oppMunit ?Mrrnabve Action Emp4oyer - 500/o Recyde&10% Post Consunar Paper
One
NOrthCaro ina
NaturallY

Page 2 of 2
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 live (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 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
OversightlExpress 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 1508 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].
Sincerely,

Chris Pullinger
Division of Water Quality
Surface Water Protection
Washington Regional Office
Enclosures: copy of 1:24,000 scale L1SGS topographic map, Roberson ille NN`est quad
cc: DWQ 401 OversightiExpress Unit
WaRO File Copy
Pitt Co. Planning Dept. -Attn: Jonas Hill
USACL, Washington Field Office - Attn: Fmily Jernigan
`I'he Wooten Company; 301 W. 14th St; Greenville NC 27834 - Attn: Ryan Fisher
Filename- 2010-0767

y V
?,r •• _ •
O •••• •, • • 4 / ?.
• ?
'"-`9t he .
? •?r• ? ` *
i
•• •?iii?
? • a , s,¦ - 1

r
t (??
I+ Bethe l

.. . • . • . 1 +r .. 7 f

17.0
two

- - ' •- r ? X0'-'.1
\.rT# Endle

* Cem

1 I f? ?J i '?f ( f • ? ? ? ?t?

!F f. / ..r.
1'.

4
r

1
North
?_1