20080297 Ver 3_Buffer Determination_20090527

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 27, 2009
DWQ Project # 2008-0297 v.3
Beaufort County
Linear Bay, LLC
Attn: Rolf Blizzard
1100-C S. Stratford Road - Suite 300
Winston-Salem, NC 27103
Subject Property: Linear Bay s/d; Winsteadville, NC
Pungo River, Tarkiln Creek, and UT to Satterthwaite Creek, Tar-Pamlico River Basin;
(030305, 28-34-(38),28-34-42-1, 29-34-48; NSW; SA; HQW)
On-Site Determination for Applicability to the Tar-Pamlico River Riparian Area
Protection Rules (15A NCAC 2B.0259)
Dear Mr. Blizzard:
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 "2008-0297" on the attached map initialed by me on
May 27, 2009. The project is located on the east side of Pamlico Beach Road (SR 1725),
approximately 0.9 miles south of the intersection of Pamlico Beach Road and Schram's
Beach Road, south of the community of Winsteadville, NC.
The Division of Water Quality (DWQ) has determined that the surface water
circled, highlighted in blue and labeled as "2008-0297" on the attached map is
SUBJECT to the Tar-Pamlico Buffer Rule. The features highlighted in pink on the
attached map are EXEMPT from the Tar-Pamlico Buffer Rule. These features and
any 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.ncwateroualitv.ore
943 Washington Square Mall Phone: [phone] One
Washington, NC 27889 FAX [phone] NorthCarohna
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper Naturall'y
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 Pamlico Beach quadrangle, 1:24,000 scale USGS topographic
map
cc: DWQ 401 Oversight/Express Unit
Brian Rubino, Quible and Associates P.C., P. O. Drawer 870, Kitty Hawk NC 27949
Division of Land Quality - Washington Regional Office
Division of Coastal Management - Washington Regional Office
DWQ WaRO File Copy
Filename: 2009-0297 v.3

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