20080824 Ver 1_Buffer Determination_20080811

r W A rF Michael F. Easley, Governor

William G. Ross Jr., Secretary
' North Carolina Department of Environment and Natural Resources
p Coleen H. Sullins, Director
Division of Water Quality
_J Chuck Wakild, P.E., Deputy Director
Division of Water Quality
August 11, 2008
D_WQ Project # 08-0824
Beaufort County

Jason Abbott, P.E.
Rivers and Associates, Inc.
PO Box 929
Greenville, NC 27835

Subject Property: Carver Machine Works Sanitary Sewer Improvements
Jacks Creek, Tar-Pamlico Basin, 030307, 29-2, C, NSW

On-Site Determination for Applicability to the Tar-Pamlico River Riparian Area
Protection Rules (15A NCAC 2B.0259)

Dear Mr. Abbott:

On May 14, 2008, at your request I conducted an on-site determination to review six (6) potential
crossing sites located in the town of Washington, NC for applicability to the Tar-Pamlico Buffer
Rules (15A NCAC 2B .0259). The features are labeled as "A, B, C and D" on the attached map
initialed by me on August 11, 2008.

At your request, I conducted an on-site determination as stated above. During my review I
evaluated the streams using the DWQ Stream Classification Form. I evaluated each stream
reach, where possible, and calculated the score to be above 19 points. The form states that if the
score is "greater than or equal to 19 points the stream is at least intermittent".
The Division of Water Quality (DWQ) has determined that the surface water labeled in
"blue" on the attached map is subject to the Tar-Pamlico Buffer Rule and the portions
labeled in red are not subject to the rule. These features and their associated buffers 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 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, 401 Oversight/Express Review Permitting Unit,
2321 Crabtree Blvd., Suite 250, 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 ari 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

North Carolina Division of Water Quality Internet: h2o.enr.state.nc.us
943 Washington Square Mall Phone: [phone] ~TOne
Washington, NC 27889 FAX [phone] 1r Carolina
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper ;Vatzmally

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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. 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,

/J

Kyle Barnes
Division of Water Quality
Surface Water Protection
Washington Regional Office

Enclosures: 1:24,000 USGS Quad

cc: DWQ 401 Oversight/Express Unit
CAMA, Morehead
CAMA, WaRO
File Copy
Central Files

Filename: 08-0824

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