20160188 Ver 1_Buffer Determination Request_20160322

Water Resources
ENVIRONMENTAL QUALITY
March 22, 2016
Bell Arthur Water Corporation
Attn: Mr. Ray Baldree
P.O. Box 617
Bell Arthur, NC 27811
Subject Property: BAWC Water Main Extension
UTs to Otter Creek, Tar -Pamlico River Basin
PAT MCCRORY
Gavemor
DONALD R. VAN DER VAART
Secretary
S. JAY ZIMMERMAN
Dimctar
DWR q 16-0188
Pitt County
On -Site Determination for Applicability to the Tar -Pamlico River Riparian Area Protection Rules (15A
NCAC 2B .0259)
Dear Mr. Baldree:
On March 1, 2016, Anthony Scarbraugh at the request of your consultant Ms. Michelle Clements of The
East Groups, Inc. conducted on-site determinations to review unnamed tributaries (UT) to Otter Creek
located on the subject property for applicability to the Tar -Pamlico Buffer Rules (15A NCAC 26.0259). The
features are labeled as "16-0188 A, 16-0188 B, 16-0188 C' on the attached map(s) initialed by Mr.
Scarbraugh on March 22, 2016. The project is located near the intersection of Anderson Chapel Road and
NC Highway 43 near Falkland in Pitt County, NC.
At your request, Mr. Scarbraugh conducted on-site determinations as stated above. During his review, he
evaluated the stream using the Division of Water Resources (DWR) Stream Classification Form.
Feature
Not Subject E/I/P*
Subject to
to Buffers Buffers
Start@
Stop@
16-0188 A
X P
@ Flag 16-0188 A Begin
@ Flag 16-0188 A End
16-0188 B
X I
@ Flag 16-0188 B Begin
@ Flag 16-0188 B End
16-0188 C
X P
@ Flag 16-0188 C Begin
@ Flag 16-0188 C End
• E/I/P—Ephemeral/Intermittent/Perennial
The DWR has determined that portions of features labeled as "16-0188 A, 16-0188 B, and 16-0188 C"
on the attached map(s), and highlighted in blue is subject to the Tar -Pamlico Buffer Rules. The feature
and the 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.
State of North Carolina I Environmental Quality I Water Resources —Water Quality Regional Operations—Washington Regional Office
943 Washington Square Mail, Washington, NC 27889
252-946-6481

Bell Arthur Water Corporation
Attn: Mr. Ray Baldree
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 [phone].
Sincerely,
Robert Tankard, Assistant Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ
Attachments: USGS Topographic 1:24,000 Quadrangle Map "Falkland"
copy of sheets 9, 1974 version of Pitt County Soil Survey
cc: Laserfiche
File Copy
Michelle Clements, P.E., The East Group, P.A. (via email: michelle.clementsCcDeastaroup.com)
Filename 16-0188

N

PITT COUNTY, NORTH CAROLINA