20090042 Ver 1_Buffer Determination_20090128

of W A-TF9
Mr. John Wehrenberg
108 Gambit Court
Washington, NC 27889
Beverly Eaves Perdue, Governor
Dee Freeman, Secretary
North Carolina Department of Environment and Natural Resources
January 28, 2009
Coleen H. Sullins, Director
Division of Water Quality
DWQ EXPO 09-0042
Beaufort County
Subject Property: Proposed Wheat Field Subdivision off Old Bath Highway (SR 1501)
UT to Runyon Creek, Tar-Pamlico River Basin
On-Site Determination for Applicability to the Tar-Pamlico River Riparian Area
Protection Rules (15A NCAC 2B.0259)-EXPRESS REVIEW PROGRAM
Dear Mr. Wehrenberg:
On January 28, 2009, at your request I conducted an on-site determination to review a drainage
feature located on the subject property for applicability to the Tar-Pamlico Buffer Rules (15A
NCAC 2B .0259). The feature is labeled as "09-0042" on the attached maps initialed by me on
January 28, 2009.
The Division of Water Quality (DWQ) has determined that the feature labeled as "09-
0042" on the attached maps, and highlighted in red, is not subject to the Tar-Pamlico
Buffer Rule. Please note that although the subject drainage is not a stream it appears to be a
linear wetland. The Army Corp of Engineers should be contacted for wetland delineation on this
feature before any construction commences. 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 John Dorney, DWQ Wetlands/401 Unit, 2321 Crabtree Blvd.,
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 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. 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.
Mailing Address Phone [phone] Location NoAhCarolina
1617 Mail Service Center Fax [phone] N. Salisbury St. Naturally
Raleigh, NC 27699-1617 Raleigh, NC 27604
Internet: www.newaterauality.org Customer Service 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
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 Amy Chapman in the Raleigh Central Office at 919-715-6823 or Roberto Scheller in
the Washington Regional Office at 252-948-3940.
Sincerely,
or'-' o eeiu lips --
Attachments: Beaufort County Soil Survey map
USGS Washington Quad map
Goggle Earth map
cc: 401 /Express Raleigh Central Office
File Copy
Joe Avolis, P.E., Avolis Engineering
Filename 09-0042
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Name. WASHINGTON Location: 035"33'03.50" N 077' 00'50.12" W
Date: 1128/2009 Caption: Wheat Field Subdivision
Scale: 1 inch equals 1333 feet Old Bath Hwy. (SR1501)
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