20120203 Ver 1_Buffer Exemptions_20120327

A �
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
February 27, 2012
DWQ Project # 12 -0203
County: Beaufort
Vernon Hunter
1925 Sunset Drive
Raleigh NC 27608
Subject Property: 5510 Sydney Road, Belhaven
Jack Creek [TAR07, 29- 34 -35 -4; SC, NSW]
Dear Mr. Hunter:
This letter serves as notification of exemption from the Tar - Pamlico River Riparian Buffer Rules
[15A NCAC 213.0259] for the construction of a single family residence within the protected
buffer area. This activity is considered exempt from the Tar - Pamlico Buffer Rules [15A NCAC
0213.0259] due to the documentation of an existing use (existing impact) within the buffer. In
this case, the maintained "crush and run" pad is considered existing impact. Placement of a
residence over the existing pad would not result in any "new" impact within the buffer.
Due to the documented existing use within the riparian buffer, placement of a structure within
the footprint of impact does not require written approval from the Division of Water Quality
(DWQ).
Requests for appeals of this decision shall be made to the Office of Administrative Hearings. If
you do not accept any of the conditions of this approval, you may ask for and adjudicatory
hearing. You must act within 60 days of the date that you receive this letter. The petition may
be faxed - provided the original and one copy of the document is received by the Office of
Administrative Hearings within five (5) business days following the faxed transmission.
The mailing address for the Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699 -6714
Telephone: [phone], Fax: [phone]
North Carolina Division of Water Quality Internet: www.ncwaterauality_�rg
943 Washington Square Mall Phone: 252 - 946 -6481
Washington, NC 27889 FAX [phone]
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A copy of the petition must also be served on DENR as follows:
Ms. Mary Penny Thompson, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699 -1601
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, NC 27699 -6714. This authorization and its conditions are final and binding unless you
ask for a hearing.
This letter completes the review of the DWQ under the Tar - Pamlico River Riparian Buffer
Protection Rules [15A NCAC 2B.02591. Please call Amy Adams at (252)948 -3917 of the
Washington Regional Office or Amy Chapman at (919) 807 -6400 of the Central Office if you
have any questions or require copies of our rules or procedural materials.
Surface Water Protection Section
Washington Regional Office
cc: Amy Chapman, State Buffer Coordinator, Archdale WBSCAP unit
DCM, David Moye, District Manager, Washington District Office
File copy
Fite Name: 12- 0203_Hunter BRExempt/aa