20090848 Ver 1_Buffer Determination_20091102

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# 2009-0848
Pitt County
Paul and Sydney Cunningham
124 Farmington Road
Grimesland,NC 27837
Subject Property: Pitt County Parcel #034702 - erosion concerns
Tar River, Tar-Pamlico River Basin; 03-03-05; 28-(94); C,NSW
On-Site Determination for Applicability to the Tar-Pamlico River Riparian Area
Protection Rules (15A NCAC 2B .0259)
Dear Mr. and Mrs. Cunningham:
At your request I conducted an on-site determination to review an erosion issue of
concern to you on the subject property for applicability to the Tar-Pamlico Buffer Rules
(15A NCAC 2B .0259). The project area is labeled as "2009-0848" on the attached map
initialed by me on November 2, 2009. The project is located on the north side of NC
HWY 33, near the end of Farmington Road, which is approximately 0.9 miles east of the
intersection of Tucker Road (SR 1759) and NC HWY 33.
The Division of Water Quality (DWQ) has determined that the surface water
labeled as 112009-0848" on the attached map is SUBJECT to the Tar-Pamlico Buffer
Rule. However, the erosion issue on your property is currently outside of the 50' Tar-
Pamlico riparian buffer, so no permit from DWQ is required to restore diffuse flow to the
area of the erosion. 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.
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
North Carolina Division of Water Quality Internet: www.ncwaterquality.org
943 Washington Square Mall Phone: [phone] One
Washington,NC 27889 FAX [phone] NorthCarolina
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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,
Al Hodge/Supervisor
Division of Water Quality
Surface Water Protection
Washington Regional Office
Enclosures: 1:24,000 scale USGS topographic map, Greenville SE quadrangle
copy of page 43, 1974 version of Pitt County Soil Survey
cc: DWQ 401 Oversight/Express Unit
WaRO File Copy
Pitt County Planning Department
Filename: 2009-0848

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