20120533 Ver 1_Complete File_20120727

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild Dee Freeman
Governor Director Secretary
June 27, 2012
James Williams
21 Lassiter Farm Lane
Clayton NC 27520
DWQ Project # 12 -0533
Beaufort County
Subject Property: Lot 9, Battalina Creek S /D, Belhaven, Beaufort County
Tar - Pamlico River Basin
On -Site Determination for Applicability to the Tar - Pamlico River Riparian Area
Protection Rules (15A NCAC 2B.0259)
Dear Mr. Williams:
On June 7, 2012, at your reque!Ca5e number 154.e determination to review 3 blue
line features located on the subject property for applicability to the Tar - Pamlico Buffer
Rules (15A NCAC 2B .0259). The features are labeled as "A, B, C, and D " on the
attached map initialed by me on June 27, 2012. The project is located at Battalina Creek
Subdivison in Beaufort County and borders Tarkiln Creek in the Tar - Pamlico Basin.
The Division of Water Quality (DWQ) has determined that the surface water labeled as
"B and C" and highlighted in blue on the attached map is a natural perennial feature
and is SUBJECT to the Tar - Pamlico Buffer Rule. The feature labeled "A" and highlighted
in red, is a man -made ditch and is NOT SUBJECT to the Tar - Pamlico Buffer Rule. The
feature labeled as "D" and highlighted in red is an area of wetlands that is NOT SUBJECT
to the Tar - Pamlico Buffer Rule. The area in orange and labeled "E" is an area of
documented existing use in the form of a earthen road within the buffer. 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.
North Carolina Division of Water Quality Internet: www.ncwaterguality.org
943 Washington Square Mall Phone: [phone]
Washington, NC 27889 FAX [phone]
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Page 2 of 2
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 Karen Higgins, DWQ Wetlands,
Buffers, Stormwater, Compliance and Permitting Unit (WBSCP) 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 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 Amy Adams at (252) 948 -3917.
1AIrely,
d e/ x�_»�
Division of Water Quality
Surface Water Protection
Washington Regional Office
Enclosures: Applicability Map for Lot 9
cc: vDWQ 401 Oversight /Express Unit
LWaRO File Copy
�DCM, David Moye, District Manager, Washington Regional Office
- USACE, Tracey Wheeler, Washington Regulatory Field Office
Filename: 12- 0533_Williams_BuffDet /aa

�� RECEIVED
NCDENR
North Carolina Department of Environment and Natural WooroeS12
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
to -o 3
Stream Origin/Buffer Applicability Determination
Name (corporation/individual who is legally responsible for the property and its compliance:
R
Applicant /Owner Address: 6 (X\1 s
Applicant's phone number: 00q' U30' aCA Fax number:
Applicant's email address: dal ®L` ayes
Consultant/Contact person Name (if applicable):
Consultant address (if applicable):
Consultant's phone number:
Consultant's email address:
Fax number:
Name of Project: C if C t na GE. County:
Nearest Named strea + River Basin (from US63 LUp r lim%, ep) 157
Please provide a brief description of this project (attach site plan if available):
t r A r r^ .r'. y+ 1...__ ­_c _-,, r-," _1 C( 11— f°1,4`/'A it -- 1-_j y10/1 I- : Isif_�. 'a
Please attach a map of site location indicating project boundaries using USGS 1:24,000 topo map and NRCS county soil survey.
Location of�roject site - please include reference to the county, nearest named +town and highway number:
1,-C !� e \ - ;z4 CA l o n
Has any DWQ staff visited the site? if yes, please provide DWQ staff name,
visit:
and date of
This form may be submitted via email (amy.adams(c_ncdenr.gov), 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 ncwaterr uality.org
943 Washington Square Mall Phone: [phone] One
Washington, NC 27889 FAX 252 - 946 -9215 NorthCarofiina
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