20110640 Ver 1_Buffer Determination_20110712

LA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
July 12, 2011
DWQ Project# 11-0640
Beaufort County
Town of Belhaven
315 East Main Street
Belhaven,NC 27810
Subject Property: Town of Belhaven-Sewer Force Main Bypass
UT to Pantego Creek, Tar-Pamlico Basin
On-Site Determination for Applicability to the Tar-Pamlico River Riparian Area
Protection Rules (15A NCAC 2B .0259)
Dear Sirs:
On July 12, 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 is labeled as "11-0640" on the attached map
initialed by me on July 12, 2011.
The Division of Water Quality (DWQ) has determined that the surface water
highlighted in `pink' and labeled as "11-0640" on the attached map are man-made
drainiages 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
North Carolina Division of Water Quality Internet: www.ncwaterauality.org
943 Washington Square Mall Phone: [phone] One
Washington,NC 27889 FAX [phone] NorthCarohna
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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
y pp s 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.
Y g Y
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 Amy Adams at [phone].
Sinc r ,
Jill C Paxson
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: 11-0640
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