20150812 Ver 1_Buffer Determination_20150817

ILFWAA
4
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
August 17, 2015
Mr. Gareth Avant
McKim & Creed, Inc.
1730 Varsity Drive, Suite 500
Raleigh, NC 27606
Subject Property: Tideland EMC Project
Tar - Pamlico River Basin, Far Creek
Donald R. van der Vaart
Secretary
DWQ EXP# 15 -0812
Hyde County
On -Site Determination for Applicability to the Tar - Pamlico River Riparian Area Protection
Rules (15A NCAC 26 .0259), Express Review
Dear Mr. Avant:
On August 12, 2015, at your request, Mr. Roberto Schaller of this Office conducted an on -site determination of
drainage features located at the subject property. The drainages were reviewed for applicability to the Tar -
Pamlico Buffer Rules in accordance with (15A NCAC 2B.0259). The feature is labeled as "15 -812 A to 15-
0812 D" on the attached maps and initialed on August 17, 2015.
The Division of Water Resources (DWR) has determined that the feature labeled as "15 -0812 A to 15-
0812 B and 15 -0812 C to 15 -0812 D ", as illustrated on the attached maps and highlighted in red, are not
subject to the Tar - Pamlico Buffer Rules.
The stream determination begins at a drainage feature next to the Water Plant roadway and labeled as 15-
0812 A (N 35° 35.684'W 76° 05.764 ") and continues along the subject drainage to point 15 -0812 B (N 350
30.941'W 760 01.766 "). The second feature begins at point 15 -0812 C (N 35° 30.899'W 76° 01.515') and
continues west along the subject drainage to point 15 -0812 D (N 35° 30.904'W 76° 01.769'). The subject
feature is as illustrated on the attached maps and marked on the ground with yellow DWQ flagging.
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
Division of Water Resources —Water Quality Regional Operations Section —Washington Regional Office
943 Washington Square Mall, Washington, NO 27889
Phone: [phone] FAX: [phone] Internet: w .ncdenrgov
An Equal Opportunity 1 Affirmative Action Employer

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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 1506 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 Roberto Scheller in the
Washington Regional Office at (252) 948 -3940.
Sincerely,
V Uav'J-/ r
David May [/
Regional Supervisor
Division of Water Resources
Attachments: Hyde County Soil Survey map
Engelhard West, USGS Quad map
Aerial
cc: Gareth Avant, McKim & Creed, Inc., email: gavant @mckimcreed.com
Richard Peed, DELMR, WaRO
Laserfiche
DEMLR- WaRO
File Copy

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