HomeMy WebLinkAbout20091178 Ver 1_Buffer Determination_20091209Ali
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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
December 9, 2009
DWQ Project # 2009-1178
Beaufort County
Northgate Development, LLC
3978 US 264 West
Washington, NC 27889
Subject Property: Northgate Subdivision
UT to Mitchell Branch; Tar-Pamlico River Basin
Index #28-103-16; Subbasin 030306; Class C, Sw, NSW)
On-Site Determination for Applicability to the Tar-Pamlico River Riparian Area
Protection Rules (15A NCAC 2B.0259)
Dear Sirs:
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 project area is labeled as "2009-1178" on the attached map initialed by me
on December 9, 2009. The project is located on the north side of Cherry Run Road (SR
1001), approximately 0.6 miles west of the intersection of Cherry Run Road and US
HWY 17.
The Division of Water Quality (DWQ) has determined that the surface water
circled, highlighted in pink, and labeled as "2009-1178" on the attached map no
longer exists on the ground, and is therefore NOT SUBJECT to the Tar-Pamlico
Buffer Rule. These features 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: N,%iv.ncwateEqualiZLorg -
943 Washington Square Mall Phone: 252-946-6481 One
Washington, NC 27889 FAX 252-946-9215 NorthCarohna
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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 (252) 948-3920.
Sincerely,
ft,( Al Hodge/Supervisor
Division of Water Quality
Surface Water Protection
Washington Regional Office
Enclosures: 1:24,000 scale USGS topographic map, Washington quadrangle
cc: DWQ 401 Oversight/Express Unit
WaRO DWQ File Copy
Durk Tyson, Rivers & Assoc.,107 East Second Street PO Box 929 Greenville, NC 27835
WaRO DLQ
Filename: 2009-1178
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