20051543 Ver 1_Complete File_20050812

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North Carolina Department of Environment and Natural Resources
Division of Water Quality
Michael F. Easley, Govemor William G. Ross, Jr., Secretary
Alan W. Klimek, P.E., Director
July 28, 2005
DWQ Project # KB-05-0054
Pamlico County
Mr. James Johnson
P.O. Box 1717
Virginia Beach, VA 23451
Attn: MR. Ricky Clayton
Subject Property: Potter Farm Impoundments
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DENR - WATER QUALITY
1`r' LMOS AND STORIMATER BRA1ICH
On-Site Determination for Applicability to the Neuse River Riparian Area Protection Rules (15A
NCAC 2B.0233)
Dcar Mr. Clayton:
On 7/5/05, at your request I conducted an on-site determination to review three (3) drainage features
located on the subject property for applicability to the Neuse Buffer Rules (15A NCAC 2B .0233). The
features are labeled as "A, B and C" on the attached map initialed by me on 7/28/05.
The Division of Water Quality (DWQ) has determined that the surface water labeled as "A, B and
C" on the attached map is Exempt from the Neuse Buffer Rule. These features 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 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.
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N. C. Division of Water Quality 943 Washington Square Mall Washington, N.C. 27889 Telephone [phone] FAX [phone]
This letter only addresses the applicability to the buffer rules and does not approve any activity within the
buffers. Nor does this letter approve aay activity within Waters of the United States or Waters of the
State. If you have any additional questions orrdqufrc ? dditional information please call me at (919) 733-
9726.
Sincerely,
Kyle Barnes
DWQ/WaRO
Wetlands / 401 Unit
Enclosures: none
cc: DWQ WaRO Regional Office file
WaRO Division of Land Quality
Central Files

Filename: KB-05-0054
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