20130150 Ver 1_Buffer Determination_20130425

==��
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakid, P.E.
Governor Director
April 25, 2013
Mr. Bradford W. Jackson
1075 Poore Farm Road
Chocowinity, NC 27817 -8470
John E. Skvarla III
Secretary
DWQ # 13 -0150 Ver. 2
Beaufort County
Subject Property: 1075 Poore Farm Road, Buffer Determination
Tar - Pamlico River Basin, Chocowinity Bay [TAR 07, 29- 6 -(5); NSW, SB]
Revised Determination for Applicability to the Tar - Pamlico River Riparian Area Protection Rules (15A
NCAC 2B.0259)
Dear Mr. Jackson:
On February 15, 2013 at your request, Roberto Scheller of this Office, conducted an on -site determination to review the
subject property for applicability to the Tar - Pamlico Buffer Rules (15A NCAC 2B .0259). It was determined that the Tar -
Pamlico riparian buffers started at the toe of slope and continued upland 50 feet. This Office has been notified that the
Department of Coastal Management has re- evaluated the coastal marsh line and the line has moved 50 -52 feet water ward;
thereby, moving the riparian buffers out of your yard and into the wetland areas.
The Division of Water Quality (DWQ) has determined that the area labeled as 110150 All on the attached map is
subject to the Tar Pamlico Buffer Rules. The determination begins at the coastal marsh line and continues landward 50
feet as shown on enclosed map. Please note that proposed bulkhead or riprap placement for shoreline stabilization will be
outside of riparian buffer.
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 Karen Higgins, 1650 Mail Service Center
Raleigh, NC 27699 -1650. 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
North Carolina Division of Water Quality
943 Washington Square Mall
Washington, NC 27889
Phone: 252 - 946 -64811 FAX: 252 - 946 -9215
Internet: www rimaterquality.orq
An Equal Opportunity 1 Affirmative Action Employer
NorthCarolina
;Vaturall l"

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 Roberto Scheller in the Washington Regional Office at (252) 948-
3940.
1
Sincerely,
For Charles Wakid, P.E.
Attachments: Goggle Earth map
cc: DWQ 401/Wetland Express Unit
DLM- WaRO
File Copy
Filename 13 -0150 V.2