20100833 Ver 2_Buffer Determination_20110222

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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
February 22, 2011
DWQ Project # 10-0883 V2
Pamlico County
CDKP Development, Inc.
Attn: Philip Hedrick
572 Country Club Drive West
Arapahoe, NC 28510
Subject Property: Breighmere - Phase One
UT to Upper Broad Creek, Neuse River Basin
On-Site Determination for Applicability to the Neuse River Riparian Area
Protection Rules (I5A NCAC 2B .0233)
Dear Hedrick:
On February 21, 2011, at your request I conducted an on-site determination to review
unnamed tributary to Upper Broad Creek located on the subject property for applicability
to the Neuse Buffer Rules (15A NCAC 2B .02333). The feature is labeled as "10-0883
V2" on the attached map initialed by me on February 22, 2011. The project is located
approximately 0.9 miles west of the intersection of SR 1131 (Chair Road) and NC
Highway 55 in Pamlico County, NC.
At your request, I conducted an on-site determination as stated above. During my review
I evaluated the stream using the DWQ Stream Classification Form. I evaluated the
stream reach 10-0833 V2 and calculated the score to be 14.75 points. The form states
that if the score is "greater than or equal to 19 points the stream is at least intermittent".
The Division of Water Quality (DWQ) has determined that the surface water
labeled as "10-0883 V2" on the attached map is ephemeral and is not subject to the
Neuse River Buffer Rule. The 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.
North Carolina Division of Water Quality Internet: )rw:w.ncwatcrau itity.org
943 Washington Square Mall Phone: [phone] One
Washington.NC 27889 FAX [phone] NorthCarolina
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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
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].
erely,
o S braugh
Div! ion of ater Quality
\S ce Wator Protection
_-W ishingCon Regional Office
Enclosures: USGS Topographic 1:24,000 Quadrangle Map"Reelsboro"
cc: DWQ 401 Oversight/Express Unit
WaRO File Copy
Robert Scheller—DWQ WaRO
John Thomas, Thomas Engineering, P.A.
PO Box 1309,New Bern,NC 28563
Filename: 10-0883 V2

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