20090127 Ver 1_Buffer Determination_20090811

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North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue
Governor
Coleen H. Sullins
Director
Dee Freeman
Secretary
August 11, 2009
Gregory Gibbs
P.O. Box 39
Engelhard, NC 27824
Subject Property:
DWQ Project #2009-0127 v.2
Hyde County
Far Creek, LLC; Engelhard, NC
UT to Waupopin Creek, Tar-Pamlico River Basin;
On-Site Stream Determination for Applicability to the Tar-Pamlico River Riparian
Area Protection Rules (15A NCAC 2B.0259)
Dear Mr. Gibbs:
This letter is in response to a request made on your behalf by Mr. John Robbins to review
additional information in the evaluation of the applicability of the Tar-Pamlico Riparian
Buffer Rules to your property. On February 24, 2009, at your request Chris Pullinger, of
the Washington Regional Office 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 original determination was that the feature in question was
NOT SUBJECT to the 'rar-Pamlico Riparian Buffer Rules. The determination was that
the feature was a man-made conveyance and not a modified natural stream system [I 5A
NCAC 0213.0259 (3)(a)(i)].
The Division of Water Quality (DWQ) has reviewed the additional information that
you have provided, and determined the original stream determination has not
changed and that the surface water feature labeled as "2009-0127" on the attached
map is NOT SUBJECT to the Tar-Pamlico Buffer Rule.
The aerial photographs and topographic maps that Mr. Robbins provided do not
sufficiently support the existence of an historic natural drainage feature or features. The
topography maps establish a drainage relief unable to sustain the level of braided natural
streams put forth in the aerial maps. In addition, the two network of features that you
have identified as possible braided stream systems on the aerial photographs appear to
North Carolina Division of Water Qualn} Internet: www.nCwaterquality ora
943 Washington Square Mall Phone [phone] One
Washington. NC 27889 FAN 252-946-9215 N® hCarOlina
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Page 2 of 2
run in opposite directions to each other, based on the observed pattern of branching.
Furthermore, a review of additional LIDAR topographic data from the USACOE
supports the conclusion that there is no historic stream feature in any of the proposed
locations.
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 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 of the
applicability of the Buffer Rules by the DWQ or Delegated Local Authority 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 parties (including downstream and adjacent landowners) are 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] or myself at (252)
946-6481.
S cerel
4olge' upervisor
Surface Water Section
Washington Regional Office
Division of Water Quality
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
John Robbins
filename: 2009-0127 v.2
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