20130646 Ver 1_Buffer Determination_20130625

LPIWA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Thomas A. Reeder John E. Skvarla, III
Governor Acting Director Secretary
June 25, 2013
DWQ # 13 -0646
Beaufort County
Mr. Terry Clayton
5044 Sidney Road
Belhaven, NC 27810
Subject Property: Terry Clayton Farm Drainage Ditch Relocation
UT to Pungo 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. Clayton:
On June 25, 2013, at your request Anthony Scarbraugh conducted an on -site determination to review
unnamed tributary (UT) to Pungo Creek located on the subject property for applicability to the Tar -
Pamlico Buffer Rules (15A NCAC 2B .0259). The feature is labeled as "13- 0646" on the attached maps
initialed by Mr. Scarbraugh on June 25, 2013. The project is located approximately 1.32 miles northwest
of the intersection of NC Highway 99 and Sidney Road in Beaufort County, NC.
At your request, Mr. Scarbraugh conducted on -site determination as stated above. During his review,
he evaluated the feature using the DWQ Stream Classification Form. He evaluated the stream reach 13-
0646 at N 35.48952, W 76.69597 and calculated the score to be 17.75 points. The form states that if the
score is "greater than or equal to 19 points the stream is at least intermittent."
The Division of Water Quality (DWQ) has determined that the portions of the feature labeled as "13-
0646" on the attached maps, and highlighted in red are 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)
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
North Carolina Division of Water Quality
943 Washington Square Mall
Washington, NC 27889
Phone: 252 - 946 -6481 \ FAX: 252 - 946 -9215
Internet: wwwmwatergualitv.org
An Equal Opportunity 1 Affirmative Action Employer
One
NorthCarohna
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Page 2 of 2
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 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 Anthony
Scarbraugh in the Washington Regional Office at (252) 948 -3924.
Sincerely,
(�Zj a&46"2
For Tom Reeder
Attachments: USGS Topographic 1:24,000 Quadrangle Map "Ransomville"
copy of page, 19995 version of Beaufort County Soil Survey
cc: DWQ Webscape Unit
File Copy
Filename 13 -0646

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