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Home My WebLink About20131198 Ver 1_Buffer Determination_20131122A&' NCDENR North Carolina Department of Environment and. Natural Resources Division of Water Resources Water Quality Programs . Pat McCrary Thomas A, Reeder John E. Skvarla, III Governor Director Secretary November 22, 2013 DWQ # 13 -1198 Beaufort County Walsh Real Estate, LLC Attn: Ms, Rebecca E. Walsh 120 John L. Hurst Drive Swansboro, NC 28584 Subject Property: Belhaven Medical Clinic UTs to Shoemaker Creek, Tar - Pamlico River Basin On -Site Determination for Applicability to the Tar- Pamlico River Riparian.Area Protection Rules (15A NCAC 2B.0259) Dear Ms. Walsh: On November 22, 2013, at your request Anthony Scarbraugh conducted an on -site determinations to review unnamed tributaries (UT) to Shoemaker Creek located on the subject property for applicability to the Tar - Pamlico Buffer Rules (15A NCAC 2B .0259). The features are labeled as "13 -1198 A, 13 -1198 B, 13 -1198 C, and 13 -1198 D" on the attached map initialed by Mr. Scarbraugh on November 22, 2013. The project is located approximately 0.3 miles southeast of the intersection of Old County Road and US Highway 264 East in Belhaven, Beaufort County, NC. At your request, Mr. Scarbraugh conducted on -site determinations as stated above. During his review, he evaluated the features using the DWR Stream Classification Form. He evaluated the stream reaches 13 -1198 A at N 35.54815, W 76.62503, 13 -1198 B at 35.54897 N, 76.62410 W, 13 -1198 Cat 35.54951 N, 76.62376 W, and 13 -1198 D at 35.55003, 76.62327 W and found evidence that these are man -made features not constructed for the purposes of navigational access. North Carolina Administrative Code 15A NCAC 02B .0259 (3)(a)(i) exempts ditches and manmade conveyances other than modified natural streams unless constructed for navigation or boat access. The Division of Water Resources (DWR) has determined that the portion of the features labeled as "13 -1198 A, 13 -1198 B, 13 -1198 C, and 13 -1198 D" on the attached map, and highlighted in red is not subject to the Tar - Pamlico Buffer Rules. The features and its associated buffers should be identified on any future plans for this property. The owner (or future owners) should notify the DWR (and other Water Quality Regional Operations Section 943 Washington Square Mall, Washington, North Carolina 27899 Phone, 252 - 946 -64811 FAX: 252.975 -3776 Internet: www.ncwater.orn An Equal Opportunity 1 Affirmative Acton Employer Walsh Real Estate, LLC Attn: Ms. Rebecca E. Walsh DWR # 13 -1198 Stream Determination Page 2 of 2 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 DWR (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 DWR 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, DWR 401 & Buffer Permitting Unit, 1650 Mail Service Center, Raleigh, NC 27699 -1650. Individuals that dispute a determination by the DWR 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. DWR 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, David May, P.G. Regional Supervisor DWR Water Quality Regional Operations Section Washington Regional Office Attachment: USGS Topographic 1:24,000 Quadrangle Map "Belhaven" cc: DWR 401 & B,�affer Permitting Unit File Capy . Michelle Clements, PE, The East Group, PA, 324 Evans Street, Greenville, NC 27858 File name .13 -1198 jOWW60.QWWj I i t I I I I i 07A';r4O.WjWj I I i I I I I 11 076' �7, .W W 1 1 1 1 ohs• 9T'bo.bo' fro i 1 1 1 1 1 1 1 10* 9T ¢ .bo•Iw i I I I I I Copyright (C) 1086. McGtech. Inc. 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