Bucky Bowen

LVIFAA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Govern or Director
April 30, 2009
Dee Freeman
Secretary
TPBRRO 09-054
Nash County
Bucky Bowen
P.O. Box 1445
Elm City, NC 27822
Subject: Tar-Pamlico River Riparian Buffer Information
Dear Mr. Bowen:
During a site inspection performed on April 23, 2009, Lauren C. Witherspoon with the NC Division of Water
Quality (DWQ) determined that "Feature A" (see attached maps) is subject to the Tar-Pamlico River Riparian
Buffer Rules. In addition, we discussed the possibilities of removing some vegetation from the buffer. Following
is guidance on how to stay in compliance with the DWQ Tar Buffer Rules (15A NCAC 02B .0259) when
performing this work.
As you know, Zone 1 of the buffer is the first 30 feet (measured landward) from the top-of-bank of the
stream. Zone 2 of the buffer is the latter 20 feet (measured landward) from Zone 1. You cannot disturb
Zone 1 of the buffer without obtaining a Major Variance. This includes, but is not limited to, grading, use
of heavy equipment, placing fill, adding impervious surface and/or removing vegetation. However, in
Zone 2 you can grade, use heavy equipment, and place earthen fill (this does not include adding
impervious surface) as long as there is no concentrated flow of water through the buffer and you
revegetate this portion of disturbed buffer (grass is acceptable). This can be done with no written
approval from DWQ.
• During the site visit, DWQ observed several trees that were dead and had fallen in the buffer or were
dying. As we discussed, these trees may be removed by hand with chain saws and no heavy equipment in
the buffer.
• In addition, we discussed the removal of nuisance vegetation. You can remove any of the following
species by hand as to not disturb any species that are not on this list.
Tree of Heaven Alli otorweed Greenbrier
H drilla Korean or Sericea Les edeza Babmboo
Japanese Honeysuckle Chinese Privet Poison I
Japanese Grass Princess Tree
Common Reed Kudzu
Multiflora Rose Autumn Olive
Pur le Loosestrife Johnson Grass One
North
North Carolina Division of Water Quality
Internet: www.ncwaterquality.org
Raleigh Regional Office
1628 Mail Service Center
arolina
?Rtlll'?l??If
Surface Water Protection Phone [phone] Customer Service
Raleigh, NC 27699-1628 FAX [phone]
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Page 2 of 2
April 30, 2009
This on-site buffer 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 Director shall be referred to the Director in writing c/o
Cyndi Karoly, DWQ Wetlands/401 Unit, 2321 Crabtree Blvd., 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 ad judicatory 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.
The owner/future owners should notify the Division of Water Quality (including any other Local, State,
and Federal Agencies) of this decision concerning any future correspondences regarding the subject
property (stated above). This project may require a Section 404/401 Permit for the proposed activity.
Any inquiries should be directed to the Division of Water Quality (Central Office) at (919)-733-1786,
and the US Army Corp of Engineers (Raleigh Regulatory Field Office) at (919)-876-8441.
If you have any questions regarding this letter, please feel free to contact me at [phone].
Sincerely,

Lauren C. Witherspoon
Environmental Senior Specialist
CC: Wetlands/ Stormwater Branch, 2321 Crabtree Blvd, Suite 250, Raleigh, NC 27604
RRO/SWP File Copy
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