20110719 Ver 1_Buffer Determination_20110815

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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
August 16, 2011
DWQ Project # 11-0719
Beaufort County
Gary Knight
5546 Drake Way
Frederick CO 80504
Subject Property: Lot #22 Bailey Pointe S/D
Bailey Creek [TAR07 29-29-5-2; SA, HWQ, NSW]
On-Site Determination for Applicability of Session Law 2011-394 to the Tar-
Pamlico River Riparian Area Protection Rules (15A NCAC 2B.0259)
Dear Mr. Knight:
On August 12, 2011, at your consultant's request I conducted an on-site determination to
review the application of the buffer rules on the subject property for applicability to
Session Law 2011-394 to the Tar-Pamlico Buffer Rules (15A NCAC 2B .0259).
The Division of Water Quality (DWQ) has determined that the application of the
buffer rules DOES NOT PRECLUDE the building of a single family residence and
necessary infrastructure. Therefore, Session Law 2011-394 is not applicable.
The prior buffer call placing the buffers 50 feet from the landward edge of the coastal
marsh on this property remains in effect. This surface water 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.
Landowners or affected parties that dispute a determination made by the DWQ or
Delegated Local Authority that preclusion to construction does not exist and that it is not
subject to Session Law 2011-394 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 Amy
North Carolina Division of Water Quality Internet: www.ncwaterquality.org
943 Washington Square Mall Phone: [phone] One
Washington, NC 27889 FAX [phone] NorthCarolina
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper Naturally
Page 2 of 2
Chapman at NCDENR / Division of Water Quality - Wetlands and Stormwater Branch
1650 Mail Service Center Raleigh, NC 27699-1650. Individuals that dispute a
determination by the DWQ or Delegated Local Authority that "excludes" a property from
applying Session Law 2011-394 may ask for an adjudicatory hearing. You must act
within 60 days of the date that you receive this letter. 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 Session Law 2011-394 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. In addition, you should obtain
or otherwise comply with any other required federal, state or local permits before you go
ahead with your project including (but not limited to) Erosion and Sediment Control,
Non-discharge and CAMA regulations. If you have any additional questions or require
additional information please call Amy Adams at [phone].
Sincerely,
/;AAodg, egl nal Supervisor
Surface Water Protection Section
Washington Regional Office
Enclosures: Approved Buffer Location map
cc: DWQ 401 Oversight/Express Unit
DCM, David Moye, Washington District Office
File Copy
Tony Foote PO Box 8969 Rocky Mount NC 27804
Filename: 11-0719_SL394Deter_Knight/aa

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