20140592 Ver 1_Stream Call Letter_20140609

ANNE-WA
NCDEE R
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
July 10, 2014
Hood Richardson, P.E.
110 West Second Street
Washington, NC 27889 -4940
John E. Skvarla III
Secretary
DWQ# 14 -0592
Beaufort County
Subject Property: Town of Belhaven, Sewer Line Crossing, Shoemaker Creek
Tar - Pamlico River Basin, Shoemaker Creek [TAR 07, 29- 34 -34 -6; SC, NSW]
On -Site Determination for Applicability to the Tar - Pamlico River Riparian Area Protection Rules (15A NCAC
2B .0259)
Dear Mr. Richardson:
On July 9, 2014, at your request, Mr. Roberto Scheller of this Office conducted an on -site determination of a drainage
feature located adjacent to the subject property. The drainage was reviewed for applicability to the Tar - Pamlico Buffer
Rules in accordance with (15A NCAC 2B .0259). The features are labeled as "14 -0592 A to 14 -0592 B" on the attached
maps and initialed on July 10, 2014.
The Division of Water Resources (DWR) has determined that the feature labeled as "14 -0592 A to 14 -0592 B" on the
attached maps and highlighted in blue is subject to the Tar - Pamlico Buffer Rules. The stream determinations are as
illustrated on the attached maps.
The stream determination begins at the mouth of Shoemaker Creek, where shoemaker Creek empties into Pantego
Creek (labeled 14 -0592 A), and continues upstream to a point where West Old County Road crosses over Shoemaker
Creek and labeled as 14 -0592 B. This section of stream feature is considered subject to the Tar - Pamlico Riparian Buffer
Rules.
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
Division of Water Resources -Water Quality Regional Operations Section —Washington Regional Office
943 Washington Square Mall, Washington. NC 27889
Phone: 252 - 948-64811 FAX: [phone]Vntemel: vNrw,ncdencgov
An Equal Opportunity 1 ARrmaWe Action Employer

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 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 conducts 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 1508 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 Roberto Scheller in the Washington Regional Office at
(252) 948 -3940.
Sincerely,
Robert Tankard
Assistant Regional Supervisc
Division of Water Resources
Attachments: Beaufort County Soil Survey map
Pantego USGS Quad map
Aerial
cc: DWR Webscape Unit
DEMLR- WaRO
File Copy
Filename 14 -0592

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