HomeMy WebLinkAbout20150607 Ver 1_Buffer Determination_20150624NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
June 24, 2015
Donald R. van der Vaart
Secretary
DWQ # 15 -0607
Beaufort County
Hood Richardson, P.A.
Hood Richardson
110 West Second Street
Washington, NC 27889
Subject Property: Property Located on North Side of West 15th Street, Washington
Tar River Basin, Un -named Tributary to Cherry Run
On -Site Determination for Applicability to the Tar - Pamlico River Riparian Area Protection
Rules (15A NCAC 2B.0259)
Dear Mr. Richardson:
On June 22, 2015, at your request, Mr. Roberto Scheller of this Office conducted an on -site determination of a
drainage feature located at the subject property. The drainage was reviewed for applicability to the Tar -
Pamlico Buffer Rules in accordance with (15A NCAC 2B.0259). The feature is labeled as "15 -0607 A to 15-
0607 B" on the attached maps and initialed on June 22, 2015.
The Division of Water Resources (DWR) has determined that the feature labeled as "15 -0607 A to 15-
0607 B" as illustrated on the attached maps and highlighted in blue is subject to the Tar - Pamlico Buffer
Rules.
The stream determination begins next to a stormwater basin feature labeled as 15 -0607 A and continues up
gradient to a point where the subject feature passes under a dirt farm path and labeled as 15 -0607 B. The
subject feature is as illustrated on the attached maps and marked on the ground with yellow DWQ flagging.
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, 1650 Mail Service Center Raleigh, NC 27699 -1650. Individuals that dispute a determination by
Water Quality Regional Operations Section
943 Washington Square Mall
Washington, NC 27889
Phone: 252- 946 -64811 FAX: 252- 946 -9215
Internet: www.ncwateiquality.org
An Equal Opportunity 1 Afirmabve Action Employer
Page 2
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 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 Roberto Scheller in the
Washington Regional Office at (252) 948 -3940.
Sincerely,
r-p -
Robert Tankard
Assistant Regional Supervisor
Division of Water Resources
Attachments: Beaufort County Soil Survey map
USGS Quad map
Aerial
cc: Laserfiche
DEMLR- WaRO
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