20110730 Ver 1_Buffer Determination_20110816

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
August 16, 2011
DWQ Project # 11-0730
Beaufort County
John Robinson
221 Lookout Pointes Dr.
Chapin SC 29036
Subject Property: Robinson Cabin, 759 Smith Shore Rd.
Pungo Creek [TAR07 29-34-35; SC, NSW]
On-Site Determination for Applicability of Session Law 2011-394 to the Tar-
Pamlico River Riparian Area Protection Rules (15A NCAC 213.0259)
Dear Mr. Robinson:
On August 12, 2011, at your request I conducted an on-site determination to review the
application of the buffer rules on the subject property for applicability to Session Law
2011-394 to the Tar-Pamlico Buffer Rules (15A NCAC 2B .0259).
The Division of Water Quality (DWQ) has determined that the application of the
buffer rules precludes the building of a single family residence and necessary
infrastructure. Therefore, Session Law 2011-394 will be applied as long as all of the
following conditions are met.
1. The starting location of the buffer is hereby modified to begin at Normal Water
Line (NWL) or Normal High Water Line (NHWL) and is labeled "11-
0730 NWL" on the attached map.
2. The residence is set back a minimum of 30 feet landward of the NWL or NHWL,
whichever is applicable.
3. Stormwater generated by the new impervious surface is treated and diffuse flow
of stormwater is maintained through the buffer.
North Carolina Division of Water Quality Internet: www.ncwaterguality.org
943 Washington Square Mall Phone: [phone]
Washington, NC 27889 FAX [phone]
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4. If the residence will be served by an on-site wastewater system, no part of the
septic tank or drainfield may encroach into the riparian buffer.
This surface water 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 preclusion to construction exists and that it is subject to
Session Law 2011-394 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 Amy
Chapman at NCDENR / Division of Water Quality - Wetlands and Stormwater Branch
1650 Mail Service Center Raleigh, NC 27699-1650. Individuals that dispute a
determination by the DWQ or Delegated Local Authority that "excludes" a property from
applying Session Law 2011-394 may ask for an adjudicatory hearing. You must act
within 60 days of the date that you receive this letter. 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 Session Law 2011-394 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. In addition, you should obtain
or otherwise comply with any other required federal, state or local permits before you go
ahead with your project including (but not limited to) Erosion and Sediment Control,
Non-discharge and CAMA regulations. If you have any additional questions or require
additional information please call Amy Adams at [phone].
Sipcerely,
Al Hodge, egional Supervisor
Surface Water Protection Section
Washington Regional Office
Enclosures: Buffer/NWL Map
cc: DWQ 401 Oversight/Express Unit
DCM, Doug Huggett, Morehead District Office
DCM, David Moye, Washington District Office
File Copy
Filename: 11-0730 SL394Det Robinson/aa

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