20130312 Ver 1_Stream Call Letter_20130409

A& 7
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild, P. E. John E. Skvarla, III
Governor Director Secretary
April 9, 2013
DWQ # 13 -0312
Beaufort County
James G. Latham, Jr.
2115 South White Post Road
Bath, NC 27808
Subject Property: Latham Pond
UT to Boyd Creek, Tar - Pamlico River Basin
On -Site Determination for Applicability to the Tar - Pamlico River Riparian Area Protection Rules (15A
NCAC 2B.0259)
Dear Mr. Boyd:
On April 4, 2013, at your request Anthony Scarbraugh conducted an on -site determination to review an
unnamed tributary (UT) to Boyd Creek located on the subject property for applicability to the Tar -
Pamlico Buffer Rules (15A NCAC 2B .0259). The feature is labeled as "13- 0312" on the attached maps
initialed by Mr. Scarbraugh on April 9, 2013. The project is located due east of 2115 South White Post
Road in Beaufort County, NC.
At your request, Mr. Scarbraugh conducted an on -site determination as stated above. During his
review, he evaluated the stream using the DWQ Stream Classification Form. He evaluated the stream
reaches 13 -0312 at N 35.49424, W 76.85330 and found evidence the feature was man -made and not
constructed for the purposes of navigational access. North Carolina Administrative Code 15A NCAC 02B
.0259 (8)(b)(ii) states "Ditches and manmade conveyances other than modified natural streams which
are used exclusively for drainage of silvicultural land or natural forested areas" are exempt from the
riparian are requirements."
The Division of Water Quality (DWQ) has determined that the feature labeled as "13- 0312" on the
attached maps, and highlighted in red is not subject to the Tar - Pamlico Buffer Rules. The feature and
its 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.
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)
North Carolina Division of Water Quality
943 Washington Square Mall
Washington, NC 27889
Phone: 252 - 946 -6481 1 FAX: 252 - 946 -9215
Internet: www rimaterguality.orq
An Equal Opportunity 1 Affirmative Action Employer
NorthCarolina
Naturallff

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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 Karen Higgins, 1650 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 1506 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 Anthony
Scarbraugh in the Washington Regional Office at (252) 948 -3924.
Sincerely,
For Charles Wakild, P. E.
Attachment: USGS Topographic 1:24,000 Quadrangle Map "Bath"
copy of page, 1995 version of Beaufort County Soil Survey
cc: DWQ Webscape Unit
File Copy
Filename 13 -0312

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