20081319 Ver 2_Buffer Determination_20090325

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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
Secretary
March 25, 2009
Wetlands Resource Center
Attn: Cal Miller
3970 Bowen Road
Canal Winchester, Ohio 43110
DWQ Project # 08-1319 vs 2
Hyde County
Subject Property: Rutman Creek Watershed Restoration Project
Rutman Cr., Tar-Pamlico Basin, 030407, 29-34-18-2, SC, NSW
On-Site Determination for Applicability to the Tar-Pamlico River Riparian Area
Protection Rules (15A NCAC 2B .0259)
Dear Mr. Miller:
On February, at the request of Land Management Group, Inc. I conducted an on-site
determination to identify the Ephemeral/Intermittent (E/I) line of Rutman for
applicability to the Tar-Pamlico Buffer Rules (15A NCAC 2B .0259). The E/I position is
labeled as "RC" on the attached map initialed by me on March 25, 2009.
At your request, I conducted an on-site determination as stated above. During my review
I evaluated the stream using the DWQ Stream Classification Form. I evaluated the
stream reach and calculated the score to be 12.5 points at a position twenty feet above the
end of an obvious channel. The form states that if the score is "greater than or equal to
19 points the stream is at least intermittent". A DWQ flag was hung in a tree at the point
in which the "E/I" position was determined.
The Division of Water Quality (DWQ) has determined that the surface water
labeled as "RC" on the attached map is at least intermittent up to that point and is
subject to the Tar-Pamlico Buffer Rule 15A NCAC 2B .0259 This feature and its
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.
North Carolina Division of Water Quality Internet: www ricwaterquality 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 Naturjqllt?
Page 2 of 2
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 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 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 Kyle Barnes at [phone].
Sincerely,
Enclosures: USGS Map
Stream ID Forms
cc: DWQ 401 Oversight/Express Unit
File Copy
Brent Manning, Land Management Group, Inc.
PO Box 2522, Wilmington, NC 28402
Filename: 08-1319 vs 2

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