20090127 Ver 1_Buffer Determination_20090324

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
March 24, 2009
DWQ Project # 2009-0127
Hyde County
Gregory Gibbs
P.O. Box 39
Engelhard, NC 27824
Subject Property: Far Creek, LLC; Engelhard, NC
UT to Waupopin 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. Gibbs:
On February 24, 2009, at your request I conducted an on-site determination to review
drainage features located on the subject property for applicability to the Tar-Pamlico
Buffer Rules (15A NCAC 2B.0259). The project is labeled as "2009-0127" on the
attached map initialed by me on March 24, 2009. The project is located on the east side
of SR 1311, approximately 1 mile north of the intersection of SR 1311 and SR 1315, near
Engelhard, NC.
At your request, I conducted an on-site determination as stated above. During my review
I evaluated the stream using the DWQ Stream Classification Form. I evaluated the
stream reach at the junction of the two features marked on the attached map and
calculated the score to be 23.5 points. The form states that if the score is "greater than or
equal to 19 points the stream is at least intermittent". However, 15A NCAC 02B .0259
(3)(a)(i) states that surface waters that appear on the maps shall not be subject to this Rule
if an on-site determination shows that they are categorized as "ditches and manmade
conveyances other than modified natural streams...".
The Division of Water Quality (DWQ) has determined that the surface water
labeled as "2009-0230" on the attached map is intermittent, but is NOT SUBJECT
to the Tar-Pamlico Buffer Rule. The feature is not subject to the Rule because it is
man-made in origin. This feature should still be identified on any future plans for this
North Carolina Division of Water Quality Internet: www.ncwaterauality Ora
943 Washington Square Mall Phone: [phone] One
Washington, NC 27889 FAX [phone] NorthCarohna
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Page 2 of 2

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
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 Chris Pullinger at [phone].
Sincerely,
Chris Pullinger
Enclosures: copy of 1:24,000 USGS topographic map, Engelhard West quadrangle
cc: DWQ 401 Oversight/Express Unit
CAMA, WaRO
WaRO File Copy
Brian Rubino, Quible and Associates, P.C., P. O. Box 870, Kitty Hawk, NC 27949
Filename: 2009-0230

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