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Home My WebLink About20140275 Ver 1_Stream Call Letter_20140321PEA A NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor April 16, 2014 TYs Land Development, LLC Attn: Mr. Tobin Tetterton PO Box 125 Pantego, NC 27860 Subject Property: TYs Land Development, LLC Property UTS to Pungo Creek, Tar - Pamlico River Basin John E. Skvarla, III Secretary DWQ # 14 -0275 Beaufort County On -Site Determination for Applicability to the Tar - Pamlico River Riparian Area Protection Rules (15A NCAC 2B .0259) Dear Mr. Tetterton: On April 2, 2014, at your request Anthony Scarbraugh conducted an on -site determinations to review unnamed tributaries (UT) to Pungb Creek located on the subject property for applicability to the Tar - Pamlico Buffer Rules (15A NCAC 2B .0259). The feature is labeled as "14 -0275 A through 14 -0275 D" on the attached maps initialed by Mr. Scarbraugh on April 16, 2014. The project is located at 1711 Yeatsville Road in Beaufort County, NC. At your request, Mr. Scarbraugh conducted on -site determinations as stated above. During his review, he evaluated the streams using the DWR Stream Classification Form. He evaluated the stream reaches 14- 0275 A at N 35.50592, W 77.72442, 14 -0275 C at N 35.50671, W 76.72442, and 14 -0275 D at N 35.50651, W 76.72657 and found evidence that this is a man -made feature 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. He evaluated the stream reach 14 -0275 B and calculated the score to be 27.75 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 Resources (DWR) has determined that a portion of feature labeled as "14 -0275 A, 14 -0275 C and 14 -0275 D" on the attached maps that is highlighted in red is not subject to the Tar - Pamlico Buffer Rules. The portion of the feature labeled as "14 -0275 B" on the attached maps, and highlighted in blue is subject to the Tar - Pamlico Buffer Rules. The portion of the feature labeled as "14- 0275 B" and highlighted in red and circled 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 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. Division of Water Resources - Water Quality Regional Operations Section - Washington Regional Office 943 Washington Square Mall, Washington, NC 27889 Phone: 252 - 946 -6481 1 Fax: 252- 975 -37161 Internet: www.ncdenr.gov An Equal Opportunity 1 Affirmative Acton Employer— Made in part by recycled paper Ti's Land Development, LLC Attn: Mr. Tobin Tetterton Stream Determination Page 2 of 2 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, ra_,� �; ' f, Robert Tankard, Assistant Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDENR Attachments: USGS Topographic 1:24,000 Quadrangle Map "Pantego" copy of sheet 9, 1995 version of Beaufort County Soil Survey' cc: DWR 401 & Buffer Permitting Unit File Copy Filename 14 -0275 err r "i� �>•.t: 7 Ro: ice"" -��. LE {�ArTo Ct _ a TD ...Y _. not f it ♦_`uafjl- �rT,.tr '; ��- z, Y�I- �.i .fj�yr r "i Ft�LS6 SY A.4 - ^M _n �(� -,!' To rte: At T 9a :: 9 � Ro LL AsA At At y.. eared At 3 I V N At r " .Ar At , � w r To >.. Ho .. F Loa •' __ Ro non Ro \J 6 At r ✓> t�i, Cu Me AaA Ro To ./ � At u To -_. � C 1 PP Me 1 cl A= J. Te A.aA 'T cu Gravz yards U Sb Point Pt At Dg8 5000 4000 3000 2001 This map was compiled by U.S. Department of Agriculture, t Soil Conservation Service and cooperating agencies on 1974 photography obtained from U.S. Department of Interior, . ^-Geological Survey.