20090209 Ver 1_Buffer Determination_20091102

A-YA
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
November 2, 2009
DWQ Project # 2009-0209
County
Stephen N. Spruill, PLS
Spruill and Associates Inc.
2747 East Tenth Street
Greenville,NC 27858
Subject Property: Sarah Elliott Estate; Hunters Bridge, NC
UT to Bath Creek,Tar-Pamlico River Basin;29-19-(1); SC,NSW; 03-03-07
On-Site Determination for Applicability to the Tar-Pamlico River Riparian Area
Protection Rules (15A NCAC 2B .0259)
Dear Mr. Spruill:
At your request I conducted a determination to review a drainage feature located on the
subject property for applicability to the Tar-Pamlico Buffer Rules (15A NCAC 2B
.0259). The project area is labeled as "2009-0209" on the attached map initialed by me
on November 2, 2009. The project is located on the east side of Creek Road (SR 1339),
approximately 0.4 miles south of the intersection of Creek Road and NC HWY 264, near
Hunters Bridge, NC.
The Division of Water Quality (DWQ) has reviewed the information that you have
provided, and determined that the area labeled as "2009-0209" on the attached map
does not contain any features that would be considered as "approximately shown"
on either of the maps, and therefore the project area is NOT SUBJECT to the Tar-
Pamlico Buffer Rules. If a permit is not required by the U.S. Army Corps of
Engineers, then this project will not require a 401 Certification. This feature 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.
North Carolina Division of Water Quality Intemet: www.ncwaterqualilv.org
943 Washington Square Mall Phone: [phone] One
Washington,NC 27889 FAX [phone] NorthCarolina
An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper ;Vatuirally

Page 2 of 2
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].
Si(nncere(I ,
�l 1
Al Hodge/Supervisor
Division of Water Quality
Surface Water Protection
Washington Regional Office
Enclosures: 1:24,000 scale USGS topographic map, Pinetown quadrangle
copy of page 8, 1995 version of the Beaufort County Soil Survey
cc: DWQ 401 Oversight/Express Unit
WaRO File Copy
USACE, Washington Field Office - Emily Jernigan
Filename: 2009-0209

R F
M"g4ient @.+ommisssOn
Di
M r M
Wde '
� alit
� D e� i4 ➢x px"
f9mem by,
� q
zm-
CO
.—. �..
w
en.
E fmx
r
'.. - d .� �`� '$' � �o:•�'`� °� to _._t�AAeA
Tankard te
o
M
F�,n
y ✓
•
v. v
a a`
o
77
5 4 -- --
076''48 0 00" z a 076°148' 0.00 W 70 48 O v "W
Copyright(C)1998,Maptech,Inc. f , 5

gpey:� W yyQp y �y� C
MV11i5J7��GI� -
L. ; A
Wa '
#: lent C:�rtirr���ssicti�
t3a on Of Wawr
-
To
1
"A a A
� ,�
At
ri7 P r sr At -
�•�' Wa C � a � �a a t� a I ,
Re a wt r W a
t CnE Wa
r
AT
A` " f Hunters
r x
B rid 529
"
-
i
AaA \ t
Al
DgB
1
1' t:
I a• 1y�
DgBFIK'•;p At �'� d,. k'. H,! ram.
r'\ Wa
At
\ W e 3ake
W a
r
AaA
Ms
Tt = r
7
IIC[ '6i. rr Y II
s
1
' Cf To
t J Dg6 Atr r x ¢
ix Wa Dg8 AAaA `� is
f .
' Dg6
342 Wa , R. WE "
i
Dge :` (loafs a�e
ppn 400C 3000 2CGG _CJC C
�� f