20110640 Ver 1_Buffer Determination Request_20110708

Beverly Eaves Perdue
Governor
APA.
NCDENR
North Carolina Department of Environment and Natural Resources `1U1k_ U .+ I
Division of Water Quality
Coleen H. Sullins
Director
Dee Freeman
Secretary
Stream Origin/Buffer Applicability Determination
Applicant/Owner's Name (corporation/individual who is legally responsible for the property and its compliance:
Town of Belhaven Dr. Guinn Leveret[ Town Manager
Applicant/Owner Address: PO Box 220 (315 E Main St.) Belhaven NC 27810
Applicant's phone number: [phone] Fax number: [phone]
Applicant's email address: [e-mail]
Consultant/Contact person Name (if applicable): Ryan Fisher EI The Wooten Company
Consultant address (if applicable): 301 West 14`s St., Greenville NC 27834
Consultant's phone number: [phone] Fax number: [phone]
Consultant's email address: [e-mail].n
of Project: Town of Belhaven — Sewer Force Main Bypass County: Beaufort
Nearest Named stream + River Basin (from USGS topographic map):
Pantego Creek, Tar -Pamlico River Basin
Please provide a brief description of this project (attach site plan if available):
The proposed roiect is a new sewer force main that will be routed along the outside of the Town of Belhaven to connect directly
to the Town's WWTP that is located at the mouth of Battalina Creek. This stream determination is needed due to the force main
alignment has been revised since Chris Pullinger's stream determination on May 16, 2011. See attached stream determination
letter for record of previous determination
Please attach a map of site location indicating project boundaries using USGS 1:24,000 topo map and NRCS county soil survey.
Location of project site - please include reference to the county, nearest named town and highway number:
The proiect is located directly outside of the Town of Belhaven in Beaufort County and adjacent to US Highway 264. The
revised force main alignment begins approximately 1,500 LF from the intersection of Cemetery Rd. and US 264 north alone
Highway 264. From this point the force main will run perpendicular to the highway along an agricultural drainage ditch and
wooded area (See attached maps).
Has any DWQ staff visited the site? Yes, if yes, please provide DWQ staff name, Chris Pullinger and date of visit: May 16, 2011
This form may be submitted via email ([e-mail]), faxed (252-946-9215), mailed or hand -delivered to:
943 Washington Square Mall, Washington, NC 27889. (Note: Submittals of the review packages on Friday after 12:00 pm will
be stamped as received on the next business day).
Please contact Amy Adams at 252-948-3917 if you have any questions regarding this form.
North Carolina Division of Water Quality Internet: www.ncwaterqualitv.org
943 Washington Square Mall Phone: [phone]
Washington, NC 27889 FAX [phone]
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North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
May 17, 2011
DWQ Project # 2011-0390
Beaufort County
Town of Belhaven
315 East Main Street
Belhaven, NC 27810
Subject Property: Town of Belhaven - Consolidated Forcemain project
UTs to Battalina Creek, Shoemaker Creek, and Pantego Creek
On-Site Determination for Applicability to the Tar-Pamlico River Riparian Area
Protection Rules (15A NCAC 2B.0259)
Dear Sirs:
On May 16, 2011, 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 "2011-0390" on the attached map
initialed by me on May 17, 2011. The project is located at various points within the town
limits of Belhaven.
The Division of Water Quality (DWQ) has determined that the surface water
highlighted in red and labeled as 112011-0390" on the attached map are man-made
drainages and NOT SUBJECT to the Tar-Pamlico Buffer Rule. These features and
any 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.
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
North Carolina Division of Water Quality Intemet: www.ncwaterqualiity.
943 Washington Square Mall Phone: [phone] One
Washington, NC 27889 FAX [phone] NorthCarolina
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Page 2 of 2
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 me at [phone].
Sincerely,

Chris Pullinger
Division of Water Quality
Surface Water Protection
Washington Regional Office
Enclosures: 1:24,000 scale USGS topographic map, PantegoBelhaven quadrangle
Google Earth image with USGS topo overlay
cc: DWQ 401 Oversight/Express Unit
WaRO File Copy
USACE, Washington Field Office
DCM WaRO
Filename: 2011-0390
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