20091282 Ver 1_Buffer Determination_20091202

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North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Division of Water Quality
Coleen H. Sullins
Director
Dee Freeman
Secretary
Mr. Stephen Tubaugh
1545 Wares Chapel Lane
Washington, NC 27889
DWQ EXP# 09-1282
Beaufort County
Subject Property: Property Located off Wares Chapel Lane (SR 1510) north of City of Washington
Unnamed Tributary to Cherry Run, Tranters Creek, Tar River
On-Site Determination for Applicability to the Tar-Pamlico River Riparian Area Protection Rules (15A
NCAC 2B.0259)-EXPRESS REVIEW PROGRAM
Dear Mr. Tubaugh:
On December 2, 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 feature is labeled as "09-
1282A" on the attached maps initialed by me on December 3, 2009.
The Division of Water Quality (DWQ) has determined that the feature labeled as "09-1282A" on the attached
maps and highlighted in red is not subject to the Tar-Pamlico Buffer Rule. The feature did not rate as an intermittent
or perennial stream and is therefore considered an ephemeral feature and is not subject to the buffer rules. This on-site
determination shall expire five (5) years from the date of this letter. Please note that although the features did not rate
high enough to be a stream the features may be considered to be 404 wetlands. It is therefore recommended that the Army
Corp of Engineers (ACE) be contacted to review the subject features before any excavation begins.
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 John Dorney, DWQ Wetlands/401 Unit, 2321
Crabtree Blvd., 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.
North Carolina Division of Water Quality
943 Washington Square Mall
Washington, NC 27889
Phone: [phone] \ FAX: [phone]
Internet: www.newaterquality.orq
An Equal Opportunity \ Affirmative Action Employer
December 2, 2009
NorthCarolina
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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,
For Cole n H. Sul
Attachments: Beaufort County Soil Survey map
USGS Washington map
Goggle Earth map
cc: Hood Richardson, P.A.
DWQ 401/Wetland Express Unit
File Copy
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Name: WASHINGTON Location: 035° 35'55.77" N 077° 01' 52.79" W
Date: 12/2/2009 Caption: Stephen Tubaugh Property
Scale: 1 inch equals 1111 feet
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