20110332 Ver 1_Buffer Determination_20110419

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue
Governor
Coleen H. Sullins
Director
Dee Freeman
Herbert Hardisen
356 Gilead Shores Rd
Blounts Creek NC 27814
Subject Property: Lot 13 Mrs. Walter Jackson
Tar-Pamlico River Basin
DWQ Project # 11-0332
Beaufort County
On-Site Determination for Applicability to the Tar-Pamlico River Riparian Area
Protection Rules (15A NCAC 2B.0259)
Dear Mr. Hardisen:
On April 15Th , at your request I conducted an on-site determination to review the feature
located on the subject property for applicability to the Tar-Pamlico Buffer Rules (15A
NCAC 2B .0259). The feature is labeled as "11-0332" on the attached map initialed by
me on April 19, 2011. The project is located off Bay Lakes Drive in Chocowinity, 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 and found evidence that this is a man-made feature not constructed for the
purposes of navigational access.
The Division of Water Quality (DWQ) has determined that the surface water
labeled as "11-0332" on the attached map is man-made ditch and is NOT SUBJECT
to the Tar-Pamlico Buffer Rule. 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.ncwaterq_uali y.org
943 Washington Square Mall Phone: [phone] ?TOne
Washington, NC 27889 FAX [phone] No hCarolina
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April 19, 2011
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 Amy Adams at [phone].
Sincerely,
ciow Qelaoov
1 Al H ge/Supervisor
Division of Water Quality
Surface Water Protection
Washington Regional Office
Enclosures: Stream features map
cc: DWQ 401 Oversight/Express Unit
WaRO File Copy
Filename: On-site determination llardisen/aa

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