20071079 Ver 1_Buffer Determination_20070628

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June 28, 2007
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
DWQ EXP# 07-1079
Nash County
Mr. Nils Joyner
209 North Pearl Street
Rocky Mount, NC 27804
Subject Property: Baywood Site
On-Site Determination for Applicability to the Tar-Pamlico River Riparian Area Protection Rules (15A
NCAC 2B .0259) -EXPRESS REVIEW PROGRAM
On June 27, 2007, at the request of Mr. Jay Keller, an on-site determination was conducted to review two features
located on the subject property for applicability to the Tar-Pamlico Buffer Rules (15A NCAC 2B .0259).
The features are labeled as "A" and "B" on the attached map, initialed by Lia Myott on June 28, 2007. The
Division of Water Quality (DWQ) has determined that the following:
Feature "A" is subject to the Tar-Pamlico Buffer Rule on the property at the location where the upper
pond dam that has been recently removed. The upstream ponds are man-made and not subject to the Tar-
Pamlico Buffer Rules. The buffers on the subject pond (whose dam has recently been breached) shall be
measured from the newly forming stream channel banks and permanent pool edges. Should the pond be
re-established, the subject buffer area will be measured from the edge of the normal water level of the
pond.
Feature "B" is not subject to the Tar-Pamlico Buffer Rule on the 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 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., Raleigh, NC 27604-2260. 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. 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 of the stream features listed above and does not
approve any activity within the buffers or address features that were not observed during the site visit. Nor does
this letter approve any activity within Waters of the United States or Waters of the State. If you have any
questions, please contact Lia Myott at 919.733.9502.
Sincerely, , ~j
~~ wteen n. ~uums, litrec>:or
CHS/cbk/lem
Attachments: NRCS Soil Survey Map, USGS Topo Quad Map, Aerial map
401 Oversight /Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Cazolina 27699-1650
2321 Crabtree Boulevazd, Suite 250, Raleigh, North Cazolina 27604
Phone: [phone] /FAX [phone] /Internet: htto://h2o.encstate nc us/ncwetlands
Noe Carolina
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Baywood
Page 2 of 2
June 28, 2007
cc: Jay Keller, 7921 Haymarket Lane, Raleigh, NC 27615
DWQ Raleigh Regional Office
File Copy
Central Files

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