20120547 Ver 1_Buffer Determination_20120614

-- - - - DWQ# 12 -0547
- Beaufort County
Town of Belhaven
Dr. Guinn Leverett, Town Manager
Post Office Box 220
Belhaven, NC 27810
Subject Property: Town of Belhaven Drainage Project
Tar - Pamlico River Basin, Shoemaker Creek & Winn's Gut (TAR 07,29-34-34-6; NSW, SC)
On -Site Determination for Applicability to the Tar - Pamlico River Riparian Area Protection Rules (15A
NCAC 2B.0259)
Dear Dr. Leverett:
On June 11, 2012 at your request, I conducted an on -site determination to review drainage features located in the subject
town for applicability to the Tar - Pamlico Buffer Rules (15A NCAC 2B .0259). The features reviewed are labeled as `12-
0547 A through 12 -0547 E" on the attached maps and initialed by me on June 13, 2011
The Division of Water Quality (DWQ) has determined that the features labeled as 1112 -0547 A through 12-0547 E"
on the attached maps, and highlighted in blue are subject to the Tar Pamlico Buffer Rules. Stream determination
(A) ends at point 12 -0547 A (N 35° 54.895' W 76° 36.362') at the culvert crossing under the railroad tracks, marked on
the ground with yellow DWQ flagging, and continues downstream to Pantego Creek. The second (B) determinations ends
at point 12 -0547. B (N 35° 54.559' W 76° 62.980') located on the downstream side of the railroad stream crossing, as
shown on attached maps and marked on the ground with yellow DWQ flagging, and continues downstream. to Pantego
Creek. The third (C) determinations ends at point 12 -0547 C (N 35° 53.886' W 76° 62.215') located on the downstream
side of bridge crossing on Allen Street, as shown on attached maps and marked on the bridge railing with yellow DWQ
flagging, and continues downstream to Pantego Creek. The fourth (D) determinations ends at point 12 -0547 D (N 35°
53.845' W 760 61.127') located on the downstream side of the road culvert crossing under East Pantego Street, as shown
on attached maps and marked on a fence post with yellow DWQ flagging, and continues downstream out to Battalina
Creek. The fifth (E) determinations ends at point 12 -0547 E (N 35° 54.481'W 76° 61.201') located on the downstream
side of the road culvert crossing under Pamlico Street (Hwy. 264), as shown on attached maps and marked on the ground
with yellow DWQ flagging, and continues downstream to Battalina Creek.
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
North Carolina Division of Water Quality
943 Washington Square Maif
Washington, NO 27889
Phone: 252 - 946 -6481 3 FAX: [phone]
Inlernet YAw.nmaterquality.orq
AR Equal Opportunity 1 Affirmative Action Emp!ayer
One
NorthCarolina
lhirallff

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 subjeet 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 Karen Higgins, 1.650 Mail Service Center
Raleigh, NC 27699-1650. 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 adiudicatory hearing, You muA 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 Roberto Scheller in the Washington Regional Office at (252) 948-
3940 or Amy Chapman of the Raleigh Central Office at (919) 807 -6400.
incerely,
For Charlb°s Wakild,
Attachments: Beaufort County Soil Survey map
USGS Belhaven Quad map
Buffer Rules
cc: DWQ 401 /Wetland Express Unit
DLM- WaRO
File Copy
Filename 12 -0547

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North Fnvirornnen,,
Management Commi$SiUl
DIVISiRn of Water Quality
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