20141156 Ver 1_Buffer Determination_20141105

NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
November 5, 2014
Mr. John Nun
P.O. Box 141
Worton, MD 21678
Subject Property: Lot off Middle Road, Ocracoke Island IN 35° 06' 40.10" W 75° 58' 18.27 ")
Tar - Pamlico River Basin, Pamlico Sound
John E. Skvarla III
Secretary
DWQ # 14 -1156
Dare County
On -Site Determination for Applicability to the Tar - Pamlico River Riparian Area Protection Rules (15A
NCAC 2B.0259)
Dear Mr. Nun:
On October 27, 2014, at your request, Mr. Roberto Scheller of this Office conducted an on -site determination of a
drainage feature located at the rear of subject property. The drainage feature was reviewed for applicability to the Tar -
Pamlico Buffer Rules in accordance with (15A NCAC 2B .0259). The feature is labeled as "001 A" on the attached maps
and initialed on November 4, 2014.
The Division of Water Resources (DWR) has determined that the features labeled as "001 A" on the attached maps
and highlighted in red is not subject to the Tar - Pamlico Buffer Rules. The stream determination runs across the back
of the subject property and is considered a man made drainage feature and not a natural stream or water feature.
The owner (or future owners) should notify the DWR (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 DWR 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 DWR 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. DWR recommends that
the applicant conducts 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
Water Quality Regional Operations Section
943 Washington Square Mall
Washington, NC 27889
Phone: 252 - 946.64811 FAX: [phone]
Internet: w .ncwaterqualit9.orq
An Equal Oppommily 1 Affirmatve Acton Employer

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.
Sin
Robert Tankard
Assistant Regional Supervisor
Division of Water Resources
Attachments: Ocracoke, USGS Quad map
Google Earth Aerial
cc: DWR Webscape Unit
DEMLR- WaRO
File Copy
Filename 14 -1156

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