20061761 Ver 2_Buffer Determination_20090212

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue
Governor
Coleen H. Sullins
Director
Dee Freeman
Secretarv
DWQ Project # 2006-1761
Pamlico County
Warren D. Eadus, L.G.
Quible & Associates, P.C.
P. O. Drawer 870
Kitty Hawk, NC 27949
Subject Property: Arlington Place/Mill Creek s/d;, NC
Mill Creek, Neuse River, (and UT's to each), Neuse River Basin
On-Site Determination for Applicability to the Neuse River Riparian Area
Protection Rules (15A NCAC 2B.0233)
Dear Mr. Eadus:
At your request I conducted an on-site determination to review features located on the
subject property for applicability to the Neuse Buffer Rules (15A NCAC 2B .0233). The
project is labeled as "2006-1761" on the attached map initialed by me on February 17,
2009.
The Division of Water Quality (DWQ) approves the delineation of the portions of
the surface waters that are Subject to the Neuse Buffer Rule for this project, as
labeled as "2006-1761" on the attached plats. 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
North Carolina Division of Water Quality Internet: www.ncwaterguality.org
943 Washington Square Mall Phone: [phone] One
Washington, NC 27889 FAX [phone] NorthCarolina
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper naturally
February 12, 2009
Page 2 of 2
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.
This letter only addresses the applicability to the buffet 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,
c? nom,.
Chris Pullinger
Division of Water Quality
Surface Water Protection
Washington Regional Office
Enclosures: 3 copies of approved plat
cc: DWQ 401 Oversight/Express Unit
DWQ WaRO file copy
DLR WaRO
Filename: 2006-1761