20090398 Ver 1_Buffer Determination_20090904

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
September 4, 2009
DWQ Project# 2009-0398
Beaufort County
Ben E. Williams, AICP
107 E. 2nd Street
P. O. Box 929
Greenville, NC 27834
Subject Property: Pennsylvania Ave. Sewer Improvements
UT to Runyan Creek, Tar-Pamlico River Basin
On-Site Determination for Applicability to the Tar-Pamlico River Riparian Area
Protection Rules (15A NCAC 2B .0259)
Dear Mr. Williams:
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 "2009-0398" on the attached map initialed by me on
September 4, 2009. The project is located on the south side of Pennsylvania Avenue, in
Washington, NC.
The Division of Water Quality (DWQ) has determined that the portion of the
surface water highlighted in blue and labeled as 112009-0398" on the attached map is
at least intermittent and is SUBJECT to the Tar-Pamlico Buffer Rule. The portion
of the feature that is circled and highlighted in pink is ephemeral, and is NOT SUBJECT
to the Tar-Pamlico Buffer 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
rule may request a determination by the Director.
North Carolina Division of Water Quality Intemet: www.ncwaterctuality ore
943 Washington Square Mall Phone: [phone] One
Washington,NC 27889 FAX [phone] NorthCarolina
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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,
U,-, od(,
Chris Pullinger
Enclosures: 1:24,000 scale USGS topographic map, Washington quadrangle
cc: DWQ 401 Oversight/Express Unit
CAMA, W aRO
WaRO File Copy
City of Washington, 102 E. Second St. Washington NC 27889
Filename: 2009-0398

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