20140934 Ver 1_Buffer Determination_20140916

NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
September 15, 2014
John E. Skvarla, III
Secretary
DWR # 14 -0934
Beaufort County
Mr. Jimmie R Overton
1208 Glencastle Way
Raleigh, NC 27606
Subject: EXEMPTION AND AUTHORIZATION PER THE TAR - PAMLICO RIPARIAN BUFFER
PROTECTION RULES (15A NCAC 02B.0259)
Jimmie R. Overton Property (440 Lewis Road, Aurora)
Dear Mr. Overton:
You have our authorization of exemption from the Tar - Pamlico River Riparian Buffer Rules (15A NCAC 02B
.0259) for the construction of a residential dwelling with screened in porch within the same footprint of the
previous existing structure destroyed during Hurricane Irene located at 440 Lewis Road in Beaufort County,
NC. This activity is considered exempt from the Tar - Pamlico Buffer Rules and does not require written
authorization from the Division of Water Resources (DWR). In addition, you have our authorization, in
accordance with 15A NCAC 02B.0259 to impact approximately 30 ftZ of Zone 1 and 60 ftZ of Zone 2 of the
protected riparian buffers for the purpose of constructing steps to serves as the ingress /egress to your
water dependent at the subject property as described within your application.
This authorization is only valid for the purposed and design that you described in your letter dated
September 1, 2014, received by DWR on September 3, 2014. If you change your project, you must notify
DWR and you may be required to send DWR an amended application.
This Buffer Authorization can be contested as provided in Articles 3 and 4 of General Statute 1508 by filing
a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as
OAH). A petition form may be obtained from the OAH at htto: / /www.ncoah.com/ or by calling the OAH
Clerk's Office at (919) 431 -3000 for information.
Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. A petition is
considered filed when the: original and one (1) copy along with any applicable OAH filing fee is received in
the OAH during normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding
official state holidays).
The petition may be faxed to the OAH at (919) 431 -3100, provided the original and one copy of the petition
along with any applicable OAH filing fee is received by the OAH within five (5) business days following the
faxed transmission.
Division of Water Resources - Water Quality Regional Operations Section - Washington Regional Office
943 Washington Square Mall, Washington, NC 27889
Phone: 252 - 946 -64811 Fax: [phone]\ Internet: www.ncdenr.gov
An Equal Opportunity 1 Affirmative Action Employer— Made in part by recycled paper

Mailing address for the OAH:
If sending via US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699 -6714
Mr. Jimmie R. Overton
D W R # 14 -0934
BUFFER AUTHORIZATION EXEMPTION
Page 2 of 2
If sending via delivery service (UPS, FedEx,
etc):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609 -6285
One (1) copy of the petition must also be served to DENR:
Lacy Presnell, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699 -1601
This letter completes the review of the Division under the Tar - Pamlico Riparian Buffer Rules as described in
15A NCAC 02B .0259. Please contact Anthony Scarbraugh at 252- 948 -3924 or
anthony.scarbraush @ncdenr.sov if you have any questions or concerns.
Sincerely,
V4-t - 7a"Z/
Robert Tankard, Assistant Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDENR
Attachment: As -Built Survey Map
cc: File
Jennifer Burdette, DWR 401 & Buffer Permitting Unit
Kelly Spivey, DCM WaRO

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