20072105 Ver 1_Buffer Determination_20081105

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Coen H Sullins, Director
Division of Water Quality
Chuck Waki;d P E Deputy Director
Division of Water Quality
November 5. 2008
Phi Project :- 2007 -2105
Beaufort County
Page 1 of 2
Id%lV 6 20,08
%V"alter Cole
_Nq - WATER DUALITY
Soil K Environmental Consultants. PA WETiANDSANDSTJRPdRATERBRANCH
11010 Raven Ridge Road
Raleigh. NC 2.7614
Subject Property: Minnie Burbage tract/Beaufort Bluffs, Bath, NC
UT to Pamlico River, Tar-Pamlico River Basin (03-03-07: 513: NSNV. 29-(4>
On-Site Determination for Applicability to the Tar-Pamlico River Riparian Area
Protection Rules (15A NCAC 2B.0259)
Dear Mr. Cale:
At your request I conducted an on-site determination to review features located on the subject
property for applicability to the Tar-Pamlico Buffer Rules (15A NCAC 211.0259). The features
are labeled as "2007-2105" on the attached map initialed by me on November 5, 2008.
The Division of Water Quality (DWQ) has determined that the portion of the surface water
circled, highlighted in blue, flagged on the ground, and labeled as "2007-1903" on the
attached map is Subiect to the Tar-Pamlico Buffer Rule. The portion of the feature that is
highlighted in pink is Exempt from the 'Far-Pamlico Buffer 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 D\VQ (and other relevant agencies) of this decision in WIN
future correspondences concerning this property. This on-site determination shall expire five (5)
years from the date of this letter.
Landowvners or affected parties that dispute a detennination made by the DA'Q or Delegated
Local Authority that a surface water exists and that it is subject to the butler rule ma} request a
determination by the Director. A request for a determination by the Director shall be referred to
the Director in writing clo Cyndi Karoly, D\VQ. 401 Oversight Express Review Permitting Unit.
2321 Crabtree Blvd., `quite 250, Raleigh. NC 27604-2260. Individuals that dispute a
determination by the DWQ or Delegated Local Authority that "exempts- a surface water from
the bufti:r rule may ask for an adjudicatory hearing. You must act within 60 days of the date that
you receive this letter. Applicants are hereb` 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 arc: made in a timely manner. To ask four a hearing, send a written
\urth t'ur?Flitsa Dixision of"atrr i Eualtty internet n2o.enrstate.naus
943 VA ashtn¢[on',quare Mall Ph,me 2Q.946,.491 ta 4kawh re hrrt, NU 27X +1 1 1N _li' 946.9 l i rC,arryorl/ina
An Equa Owrtunity?ANi-at" Actw, Employer - 50% Recycled"10% Pass Donsurt;, Paper iir[? A
Beaufort Bluffs
Page-2 of 2
November 5. 2008
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 but er 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 Pullinver"Environmental Specialist
Division of Water Quality
Surface Water Protection
Washington Regional Office
Enclosures: copy of 1:24,000 scale L SGS Topographic Suncy map. Ransontville quad
cc: DWQ 401 OversightlExpress Unit
File Copy
MacConnel & Associates PC. 909 Aviation Parkway Suite 1400. P. O, Box 129. Mon'isville NC 2x4560
Beaufort County Planning Department
hicname 2o'7-21115

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