20091239 Ver 2_Application Returned_20101029

AN
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue
Governor
Coleen H. Sullins
Director
Dee Freeman
Secretary
October 29, 2010
DWQ Project # 2009-1239 v2
Beaufort County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Cert. #7010 0290 0001 5628 6645
Mr. Judson T. Whitehurst
802 Recycling Lane
Greenville, NC 27834
Subject Property: Canady Landing, Lot #3
Hatter Creek, Tar-Pamlico River Basin
Sub-basin 03-03-07; Stream Index # 29-33-12, Class SA; HQW, NSW
REQUEST FOR BUFFER AUTHORIZATION - APPLICATION RETURNED
Dear Mr. Whitehurst:
On August 6, 2010, the Division of Water Quality (DWQ) received your application for a
buffer authorization dated August 6, 2010, to impact 4780 square feet (ft2) of Zone 1 and
1682 square feet (ft2) of Zone 2 of the riparian buffer for an existing recreational go-kart
track that was constructed after the effective date of the Tar-Pamlico Buffer Rules. The
DWQ has determined that the proposed impacts do not meet the definition of
"playground equipment", as described as an Allowable activity within the Table of Uses
(15A NCAC .0259(6)). The placement of impervious surfaces within the riparian buffer
as part of installing above-ground playground equipment is not listed in the Table of
Uses. Activities not listed within the Table of Uses are prohibited. With this letter of
clarification, you have, to our knowledge, no pending actions to resolve your non-
compliant status concerning the unauthorized placement of the track within the Tar-
Pamlico Riparian Buffer.
Please respond in writing to the DWQ within 30 days of the receipt of this letter with
your proposal to resolve your non-compliance. If we do not hear from you within this
time frame, we will proceed with enforcement of the outstanding violation.
North Carolina Division of Water Quality Internet: www.ncwaterquality.org
943 Washington Square Mall Phone: [phone] One
Washington, NC 27889 FAX [phone] NorthCarohna
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper naturally
Page 2 of 2
This letter only addresses the application review and does not authorize any impacts to
wetlands, waters or protected buffers. Please be aware that any impacts requested within
your application are not authorized (at this time) by the DWQ. Please call Chris
Pullinger of the Washington Regional Office at 252-948-3920 or Amy Chapman of the
DWQ 401 Oversight/Express Permitting Unit at 919-715-6823 if you have any questions
regarding your project or would like to set up a meeting to discuss this matter.
A S' cerely,
Al odg , Re Iona upervisor
Division of Water Quality
Surface Water Protection
Washington Regional Office
cc: 401 Oversight/Express Permitting Unit
USACE Washington Regulatory Field Office - Attn: Emily Jernigan
DWQ WaRO File Copy
DCM WaRO - Attn: Kelly Spivey
James A. Burgess II, Burgess Land Surveying, P.A.; 2609 MacGregor
Downs Rd., Unit 5; Greenville, NC 27834
Filename: 2009-1239 v2