20081566 Ver 1_Buffer Determination_20090304

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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
March 4, 2009
DWQ Project # 2008-1566
Pamlico County
Weyerhaeuser Real Estate Development Company
1412 Eatonton Hwy
Suite 700
Madison, GA 30650
Subject Property: Deep Run Landing (Pamlico 59)
Deep Run/Dawson Creek; Neuse River Basin
On-Site Determination for Applicability to the Neuse River Riparian Area
Protection Rules (15A NCAC 2B.0233)
Dear Sirs:
On August 8, 2008, At your request I conducted an on-site determination to review
drainage features located on the subject property for applicability to the Neuse Buffer
Rules (15A NCAC 2B .0233). The project area is labeled as "2008-1566" on the
attached map initialed by me. The project is located on the east side of SR 1301 (Don
Lee Road), approximately 0.7 miles southeast of the intersection of SR 1 (Kershaw Road) and
SR 1301.
The Division of Water Quality (DWQ) has determined that the surface waters that
are circled, highlighted in blue, and labeled as "2008-1566" on the attached map are
at least intermittent streams, and are SUBJECT to the Neuse Buffer Rule. The
features highlighted in pink on the attached map are NOT SUBJECT to the Neuse Buffer
Rule. These features and any 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
North Carolina Division of Water Quality Internet: www ncwatcrqualitv.or
943 Washington Square Mall Phone: [phone] One
Washington, NC 27889 PAX 252-946-9215 NorthCarolina
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper Aaturally
Page 2 of 2
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
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 me at [phone].
Sincerely,
Chris Pullinger
Enclosures: copy of 1:24,000 scale USGS topographic map, Arapahoe quadrangle
copy of page 7, 1987 version of the Pamlico County Soil Survey
cc: i/UWQ 401 O/E Unit
CAMA, Morehead City
WaRO File Copy
Deep Run Landing, LLC, c/o Doug Talbot; PO Box 4937; Pinehurst NC 28374
Filename: 2008-1566
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*Boundaries are approximate and are
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Map Source: NRCS Soil Survey, Pamlico County, pg 7. SCALE 1" = 2000'
Deep Run Landing, LLC LMG
Doug S. Talbot LAND AIANAGENIENTGROUT
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Pamlico #59 _ I,•,?m?•,,r
Pamlico County, NC www.LMGroup.net Soils Map
01-08-231W Phone: [phone] •1.86611VIG.1078
Fax: [phone]
July 2008 P.O. Box 2522, Wilmington, NC 28402