20080178 Ver 1_Buffer Determination_20110214

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
February 14, 2011
Raleigh A. Allison
74 Hannah Drive
PO Box 253
Chocowinity, NC 27817
DWQ Project # 2008-0178
Beaufort County
Subject Property: Allison property - tree removal
Chocowinity 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. Allison:
At your request, I conducted an on-site determination to review a request to remove trees
located on the subject property that were within the Tar-Pamlico Buffer (15A NCAC 2B
.0259). The project area is labeled as "2008-0178" on the attached map initialed by me
on February 14, 2011. The project is located on the north side of Hannah Drive, in the
Cypress Corner s/d, near Chocowinity, NC. This letter is just a follow-up to our site visit,
and to provide you documentation of any decision.
The Division of Water Quality (DWQ) has determined that the surface water
labeled as "2008-0178" on the attached map is SUBJECT to the Tar-Pamlico Buffer
Rule. However, you received approval to remove five (5) trees from the buffer that were
considered hazards to your dwelling. This 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.
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
North Carolina Division of Water Quality Intemet; www ncwatcrquality org
943 Washington Square Mall Phone: [phone] One
Washington, NC 27889 FAX [phone] NorthCarolina
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Director shall be referred to the Director in writing c/o Cyndi Karoly, DWQ, 401
Oversight/Express Review Permitting Unit, 2321 Crabtree Blvd., Suite 250, Raleigh, NC
27604-2260. 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 me at [phone].
Sincerely,

Chris Pullinger
Division of Water Quality
Surface Water Protection
Washington Regional Office
cc: DWQ 401 Oversight/Express Unit
WaRO File Copy
Filename: 2008-0178
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