20091264 Ver 1_Buffer Determination_20091125

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NCDENR
North Carolina Department of Environment and Natura
Division of Water Quality
Beverly Eaves Perdue
Governor
Coleen H. Sullins
Director
Resources
Dee Freeman
Secretary
November 25, 2009
Margarette Laughinghouse
P. O. Box 279
Pantego, NC 27860
DWQ Project # 2009-1264
Beaufort County
Subject Property: Laughinghouse property; Belhaven, NC
UT to Pantego Creek, Tar-Pamlico River Basin (29-34-34-(2))
On-Site Determination for Applicability to the Tar-Pamlico River Riparian Area
Protection Rules (15A NCAC 2B.0259)
Dear Mrs. Laughinghouse:
On November 17, 2009, at your request I conducted an on-site determination to review a
drainage feature located on the subject property for applicability to the Tar-Pamlico
Buffer Rules (15A NCAC 2B .0259). The feature is labeled as "2009-1264" on the
attached map initialed by me on November 25, 2009. The project is located southwest of
the intersection of NC HWY 99 and US HWY 264, in the town of Belhaven, NC.
The Division of Water Quality (DWQ) has determined that the surface water
labeled as "2009-1264" on the attached map is man-made and is NOT SUBJECT to
the Tar-Pamlico Buffer Rule. 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
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
North Carolina Division of Water Quality Internet: www.ticwalerqualilv.org
943 Washington Square Mall Phone: [phone] One
Washington, NC 27889 FAX [phone] NorthCarolliina
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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, Pantego quadrangle
cc: DWQ 401 Oversight/Express Unit
WaRO File Copy
USACE - Washington Field Office - Emily Jernigan
Garcy Ward, DWQ-WaRO
Woody Jarvis, NCDOT
Filename: 2009-1264
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