20040180 Ver 2_Buffer Determination_20100906

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North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
September 6, 2010
City of Washington
Mr. Allen Lewis
Post Office Box 1988
Washington, NC 27889
Subject Property: Warren Airport, Runway #23 Approach Clearing (SR 1509)
Drainage to Cherry Run, `far-Pamlico River Basin
Beaufort County
On-Site Determination for Applicability to the Tar-Pamlico River Riparian Area Protection Rules (15A
NCAC 2B.0259)-EXPRESS REVIEW PROGRAM
Dear Mr. Lewis:
On September 6, 2010, 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 (I SA NCAC 2B .0259). The feature is labeled as "04-
0 1 80Ver.3 A to 04-0180Ver.3 B" on the attached maps and initialed by me on September 6, 2010.
The Division of Water Quality (DWQ) has determined that the feature labeled as "04-0180Ver.3 A to 04-0180Ver.3
B" on the attached maps, and highlighted in red is not subject to the Tar-Pamlico Buffer Rules. The feature is
marked on the ground with yellow DWQ flagging and starts at point 04-0180Ver.3 A (N 35° 34.729' W 77° 02.788') and
follows the drainage feature downstream to the second point 04-0180Ver.3 B (N 35° 34.742' W 77° 02.794') marked on
the ground with yellow DWQ flagging. The stream downstream of the second point and highlighted in blue, as depicted
on the enclosed maps, is considered subject to the Tar-Pamlico Buffer Rules. 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 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
North Carolina Division of Water Quality
943 Washington Square Mall
Washin W, NC 27889
Phone: [phone] FAX: [phone]
Internet: www.nawateMualitv.ora
An Equal Opportunity k Affirmative Action Employer
Dee Freeman
Secretary
DWQ EXP# 04-0180 Ver. 3
One
N Carolina
aturallry
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 Roberto Scheller in the Washington Regional Office at (252) 948-
3940.
Aincerel
i
For Coleen H. u tins
Attachments: Beaufort County Soil Survey map
USGS Washington Quad map
Goggle Earth map
cc: DWQ 401/Wetland Express Unit
File Copy
Filename 04-0180Ver.3
North Gciumi, crvaonmental
Management Commission
Division of Water Quality
Buffer
Reviewed
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