20090265 Ver 1_Buffer Determination_20090925

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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 25, 2009
DWQ Project# 2009-0265
Beaufort County
K. Richard Lawrenz
10915 Cedar Road
Chesterland, OH 44026
Subject Property: Pamlico Plantation - Phase II, Lot 123 - Washington, NC
UT to Broad 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. Lawrenz:
On August 14, 2009, 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 "2009-0265" on the
attached map initialed by me on September 17, 2009. The project is located in the
Pamlico Plantation subdivision,just south of the intersection of Tupelo Lane and Pamlico
River Drive.
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 just upstream from the road crossing and calculated the score to be 33
points. The form states that if the score is "greater than or equal to 19 points the stream is
at least intermittent", and if the score is greater than 30 points, then the stream is
considered to be perennial.
The Division of Water Quality (DWQ) has determined that the surface water
labeled as "2009-0265" on the attached map is perennial, but is NOT SUBJECT to
the Tar-Pamlico Buffer Rule, because the feature is not shown on the most recent
version of either the Beaufort County Soil Survey or the USGS topographic map.
This feature would still be subject to NCDWQ surface water quality standards. This
feature and its associated buffers should be identified on any future plans for this
North Carolina Division of Water Quality Internet: www.ncwateroualitv.oM
943 Washington Square Mall Phone: [phone] One
Washington,NC 27889 FAX [phone] NorthCarolliina
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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, 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].
Si cerel ,
Al o g ISuuervi� sor
Division of Water Quality
Surface Water Protection
Washington Regional Office
Enclosures: 1:24,000 scale USGS topographic map, Blount's Bay quadrangle
page 13, 1995 version of the Beaufort County Soil Survey
cc: DWQ 401 Oversight/Express Unit
WaRO File Copy
Filename:2009-0265

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