20090496 Ver 1_Buffer Determination_20090513

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
May 13, 2009
DWQ Project # 2009-0496
Hyde County
Mr. Bruce Freske
38 Mattamuskeet Road
Swan Quarter, NC 27885
Subject Property: Lake Mattamuskeet NWR Ranger Station Improvements
UT to Outfall Canal, Tar-Pamlico River Basin
On-Site Determination for Applicability to the Tar-Pamlico River Riparian Area
Protection Rules (15A NCAC 2B.0259)
Dear Mr. Freske:
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 "2009-0496" on the attached map initialed by me on
May 13, 2009. The project is located on the west side of SR 1330 (Outfall Canal Road),
approximately 0.7 miles north of the intersection of SR 1330 and US HWY 264, north of the
community of New Holland, NC.
The Division of Water Quality (DWQ) has determined that the surface waters
highlighted in blue and labeled as "2009-0496" on the attached map are Subject to
the Tar-Pamlico Buffer Rule. However, the proposed project/activity to rebuild
structures in the previously disturbed footprint is Exempt. The portions of the surface
waters highlighted in pink, along with any existing drainage features not shown on the
attached map are Exempt from this rule. 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.
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
North Carolina Division of Water Quality Internet: www.ncwaterguality.org
943 Washington Square Mall Phone: [phone] One
Washington, NC 27889 FAX [phone] NorthCarohna
An Equal Opportunity/Affirmative Action Employer - 50% Recycledl10% Post Consumer Paper Naturally
Page 2 of 2
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 Chris Pullinger at [phone].
Sincerely,
Chris Pullinger
Enclosures: copy of New Holland quadrangle, 1:24,000 USGS topographic map
cc: DWQ 401 Oversight/Express Unit
Troy A. Shelton, Dewberry & Davis Inc., 551 Piney Forest Road, Danville, VA 24540
U.S. Army Corps of Engineers - Washington Field Office, Tom Steffens
WaRO File Copy
Filename: 2009-0496

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