Gateway Christian Center

4
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor
Director
Secretary
January 15, 2010
William Whisnant, Town Manager
Town of Winterville
P.O. Box 1459
Winterville, NC 28590
Subject: Stream Determination - Portion of Nobel Canal
In Winterville, NC - Pitt County
Dear Mr. Whisnant:
Mr. Tom Harwell PE, PLS, Town Engineer for Winterville has forwarded me the letters of
October 27, 2009 from Mr. Elliott, Pitt County Manager to you, and your letter to me on the same
subject matter. Sorry for the confusion regarding the delivery of the paper copy, however Mr.
Harwell has been more than helpful in securing everything needed.
If I may summarize your concerns and requests; the stream in question was designated
"Subject" to the Neuse Buffer Rules in 2007; an erosion issue has developed with a church
adjacent to the subject stream; the Town in behalf of the church is requesting, "the State to remove
the blue line stream designation for Nobel Canal" on the church property. Only the
Environmental Management Commission (EMC) the governing body of the Division of Water
Quality (DWQ) has that legal authority. However, I would like to offer the following suggestion
as a prelude to preparing a case, and securing a place on the FMC's agenda.
Please find attached the letter dated March 15, 2007 that formalized the on-site
determination. In paragraph three, line seven of the letter the appeal process time frame is
discussed. If the church in question was not notified of the on-site determination a verification
appeal may still be an option. Which means if requested, an independent on-site stream
determination will be made by someone in the DWQ headquarters located in Raleigh to verify
the accuracy of the original stream determination.
In the event DWQ headquarters concludes the original on-site determination is correct,
within the Neuse Buffer Rules a provision exists that allows the Pitt County Planning Department,
who have been delegated program authority, to grant Buffer Approvals including one for
"Protection of existing structures, facilities and streambanks when this requires additional
disturbance of the riparian buffer or the stream bank". An application requesting this approval
may be submitted according to the requirements of the NC Administrative Code (NCAC) 15A
NCAC 02B .0233.
North Carolina Division of Water Quality Internet: www.ncwaterqualiiy.org
943 Washington Square Mall Phone: [phone] One
Washington, NC 27889 FAX [phone] NorthCarolina
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In the event a requested construction method is not consistent with the NCAC a request
for a variance may then be made to the Environmental Management Commission.
AS an additional point of information regardless of the streams status to the Neuse Buffer
rules a ruling must be made by the US Army Corp of Engineers to determine if this feature is
within their jurisdiction and what permitting process is required, if any for the intended
construction.
If you have any questions regarding any process or procedure mentioned in this letter
please feel free to contact me at 252.9483844:
• Mr. Chris Pullinger, Environmental Specialist in the WaRO assigned to the Buffer
Program at 252.948.3920;
• Mr. Jonas Hill, Planner 11, Pitt Co. Planning Department at 252.902.3250;
• Ms. Cyndi Karoly, Unit Supervisor of DWQ headquarters oversight of the Buffer Program
at 919.733.9721;
• Ms. Emily Jernigan, USACOE, Pitt County representative at 910.251.4567 or
252.945.1434:
Sincerely,
Al Hodge
Regional Supervisor
Division of Water Quality, Surface Water Protection
Washington Regional Office
cc: waro files - strm determination#07-0093 Pitt Co
L/Cyndi Karoly
Jonas Hill
Chris Pullinger
Central files
^C
March 15, 2007
Jw-vis Associates
223 N Respess St.
Washington NC 27889
Subject Property: Gateway Christian Center - Winterville, NC
UT' to Swift Creek., Neuse River Basin
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department ofF.nYlrontncnt and Natural Rcsourm
Adair W. Klimek, P.E Director
Division of Water Qualit}
DWQ Project # WaRO-07-0093
Pitt County
On-Site Determination for Applicability to the Neuse River Riparian Area Protection Rules (15A, NCAC
213 .0233)
Dear Sirs;
At your request I conducted an on-site determination to review a drainage feature located on the subject
property for applicability{ to the Neuse Buffer Rules (I 5A NCAC 213 .0233). The property is located on the east
side of Chapman St., north of West Depot St., in the town of Winterville The feature is labeled as "WaRO-06-
0093" on the attached map initialed by me on March 15, 2007.
The Division of Water Quality (DWQ) ha'-4 determined that the portion of the feature that is highlighted
in blue, circled, and labeled as "WaRO-0d-t1093" on the attached map is Subiect to the Neuse Buffer
Rules. The portion of the feature that is highlighted pink is Exempt from the Meuse Buffer Rules. This
feature 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 determination pertains to the subject property only. This on-site determination shall expire five (5) years
from the date of this letter.
Landowners or atTected 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 Bled., Raleigh, NC 27604-2260_ Individuals that dispute a determination by
the DWQ or Delegated Local Authority that "exempts" a surface water from the butTer 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 mariner.
North Carolina Dio ision of water Qualttg Iritemei: n2tr.:enr,stale,nc us
9a3 WmbiRWn Square mall Phone' 252-946-6481
Washington. NC 278$9 F_kX ;;2.946-9215
An Equal Oppart 0gIA&maave Acticrt Ernpioy e - 50% Recyr rl6% Post Comunvr paper
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Carolina
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To ask for a hearing, send a written petition, which conforms to Chapter IS 01B 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 me at [phone].
Sincerely,
I
' ' IN
?
Chris Pulli.nger/Environmental Spec. 11
DWQ[WaRO
Wetlands / 401 Unit
Enclosures: copy of page 36, Pitt County Soil Survey
cc, DWQ WaRO file
401 Central Office file
Central Files
Filename: WaRO-06-0093
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