20071196 Ver 1_Buffer Determination_20110321

Mr., ..
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 21, 2011
DWQ Project # 2007-1196
Beaufort County
James Joyce Property, LLC
117 Wolfpack Lane
Durham, NC 27704
Subject Property: Storage facility - Bayview Road; Bath, NC
UT to Mixon Creek, Tar-Pamlico River Basin
On-Site Determination for Applicability to the Tar-Pamlico River Riparian Area
Protection Rules (15A NCAC 2B.0259)
Dear Mrs. Tipton:
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 "2007-1196" on the attached map initialed by me
on March 21, 2011. The project is located on the east side of Bayview Road (SR 1746),
approximately 0.3 miles south of the intersection of Bayview Road and NC HWY 92,
near Bayview, NC.
The Division of Water Quality (DWQ) has determined that the surface water
highlighted in pink and labeled as "2007-1196" on the attached map is NOT
SUBJECT to the Tar-Pamlico Buffer Rule. This feature 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
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
North Carolina Division of Water Quality Internet www.ncwater ualitv.ora
943 Washington Square Mall Phone: [phone] ?TOne
Washington, NC 27889 FAX [phone] No hCarolina
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Page 2 of 2
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,
CG..,? I? jtti,
Chris Pullinger
Division of Water Quality
Surface Water Protection
Washington Regional Office
Enclosures: 1:24,000 scale USGS topographic map, Bath quadrangle
cc: DWQ 401 Oversight/Express Unit
WaRO File Copy
USACE, Washington Field Office - Attn: Emily Jernigan
Filename: 2007-11%
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