20071292 Ver 1_Buffer Determination_20070730

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Colleen Sullins, Director
Division of Water Quality
Joyce Tipton
117 Wolfpack Lane
Durham, NC 27704
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AU G 1 - .2007
YVET DiAMpg MIO ST E~NNATER BRAf~CH
30, 2007
DWQ Project # 2007-1292
Beaufort County
Subject Property: Lot 5, Joseph Sizemore/James Joyce Properties LLC; Bayview, NC
Suggs Branch and UTs to Suggs Branch, Tar-Pamlico River Basin
On-Site Determination for Applicability to the Tar-Pamlico River Riparian Area Protection Rules (15A
NCAC 2B .0259)
Dear Mrs. Tipton,
On July 27, 2007, at your request Iconducted an on-site determination to review drainage features located on
the subject property for applicability to the Tar-Pamlico Buffer Rules (15A NCAC 2B .0259). The property is
located on the east side of SR 1746 (Bayview Road), approximately 0.2 miles south of the intersection of SR
1746 and NC HWY 92, north of Bayview. The feature is labeled as "2007-1292" on the attached map initialed
by me on July 30, 2007
The Division of Water Quality (DWQ) has determined that the portion of the feature that is highlighted
in pink on the attached map is Exempt from the Tar-Pamlico Buffer Rules. This feature 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 determination
pertains to the subject property only. 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
Wetlands/401 Unit, 2321 Crabtree Blvd., Raleigh, NC 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.
North Cazolina Division of Water Quality Internet: h2o.enr.state.nc.us
943 Washington Squaze Mall Phone: [phone]
Washington, NC 27889 FAX [phone] ~
An Equal OpportunitylAffirmativeAaion Employer- 50% Recycled110% Post Consumer Paper
NorthCarolina
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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 me at [phone].
Sincerely,

Chris Pullinger/Environmental Specialist
DWQ/WaRO
Wetlands / 401 Unit
Enclosures: copy of 1:24,000 scale USGS topographic map, Bath quadrangle
cc: DWQ WaRO file
401 Central Office file
Central Files
Filename: 2007-1292

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