20110512 Ver 1_On-Site Determination_20110526

LFFWA
NODE AR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
May 26, 2011
DWQ Project # 20110512
Beaufort/Martin County
Mr. Chris Underwood
Project Development and Environmental Analysis Branch
N. C. Department of Transportation
1548 Mail Service Center
Raleigh, North Carolina, 27699-1548
Subject Property: US 17 Improvements
NC DOT project: TIP R-2511
On-Site Determination for Applicability to the Tar-Pamlico River Riparian Area
Protection Rules (15A NCAC 2B.0259)
Dear Mr. Underwood:
On March_1'5, 2011 and again on May 17, 2011, at your request I conducted an on-site
determination to review stream/drainage features located on the subject property for
applicability to the Tar-Pamlico Buffer Rules (15A NCAC 2B.0259). The features are
labeled as "SA". "SB". "SC", "SD", and "SE" on the attached.map(s) initialed by me on
5/26/11.
SA. On March 15, 1 evaluated the stream labeled "SA" above and below the road
crossing on US 17 in Beaufort County at approximate coordinates 35.64063 N; 77.06567
W. During my review, it was determined that the feature is not shown on either the
USGS topo or Soil Survey maps and is an ephemeral stream.
The Division of Water Quality (DWQ) has determined that the surface water
labeled as "SA" on the attached map is an ephemeral stream and is not subject to
the Tar-Pamlico Buffer Rule. 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.nmatcrouatity ore
943 Washington Square Mall Phone: [phone]??One
Washington, NC 27889 FAX [phone]Vo ?rhC?aNr?ofina
An Equal OpporluniylABlnnative Action Employer- 50%Reiytied110% Post consumer Paper Naturallb
Page 2 of 3
SB. On May 17, 1 evaluated the stream "SB" using the DWQ Stream Classification
Form. I evaluated the stream reach below the road crossing on US 17 in Beaufort County
at approximate coordinates 35.65181 N ; 77.06567 W, and calculated the score to be
17.25 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
labeled as "SB" on the attached map is ephemeral and is not subject to the Tar-
Pamlico Buffer Rule. 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.
SC. On March 15, 1 evaluated the stream labeled "SC" above and below the road
crossing on US 17 in Beaufort County at approximate coordinates 35.66349 N; 77.07378
W. The feature is shown as a blue-line on the USGS topo map, but is not shown on the
Soil Survey map. During my review, it was determined that the feature is an ephemeral
stream.
The Division of Water Quality (DWQ) has determined that the surface water
labeled as "SC" on the attached map is an ephemeral stream and is not subject to
the Tar-Pamlico Buffer Rule. 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.
SD. On May 17, 1 evaluated the stream labeled "SD" at the road crossing on US 17 in
Martin County near the Beaufort County line at approximate coordinates 35.69822 N;
77.07574 W. The feature was determined to be man-made and is not shown on either the
USGS topo map or the Soil Survey map.
The Division of Water Quality (DWQ) has determined that the surface water
labeled as "SD" on the attached map is a man-made ditch and is not subject to the
Tar-Pamlico Buffer Rule. 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.
SF,. On March 15, 1 evaluated the stream labeled "SF," above and below the road
crossing on US 17 in Martin County at approximate coordinates 35.71149 N; 77.07239
W. The feature is depicted on both the USGS topo and Soil Survey maps. During my
review, however, it was determined that this feature is in the Roanoke River basin and
therefore Not Subject to the Tar-Pamlico Buffer Rules. It was however, determined to
be a jurisdictional stream beginning at coordinates 35.71 145 N; 77.07225 W.
Page 3 of 3
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.
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 Garcy Ward at [phone].
Sincerely,
4,7'It/a,J
Garcy Ward
Enclosures: maps
stream rating form
cc: Sonia Carrillo, DWQ, 401 /Wetlands Unit
File Copy
Filename: 20110512
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