HomeMy WebLinkAbout20100995 Ver 1_Buffer Determination_20110204I
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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
February 4, 2011
City of Greenville - Parks and Recreation
2000 Cedar Lane
Greenville, NC 27858
DWQ Project # 2010-0995
Pitt County
Subject Property: Eastside Park
UT to Meeting House Branch; Tar-Pamlico River Basin
On-Site Determination for Applicability to the Tar-Pamlico River Riparian Area
Protection Rules (15A NCAC 2B.0259)
Dear Mr. Gillespie:
On November 24, 2010, at your request 1 conducted an on-site determination to review
drainage features located on the subject property for applicability to the Tar-Pamlico
Buffer Rules (15A NCAC 2B .0259). The project area is labeled as "2010-0995" on the
attached map initialed by me on February 14, 2011. The project is located on the north
side of NC HWY 33, just northeast of the intersection of NC HWY 33 and SR
1726(Portertown Road).
The Division of Water Quality (DWQ) has determined that the portions of the
surface water circled, highlighted in blue, and labeled as "2010-0995" on the
attached map are at least intermittent and are SUBJECT to the Tar-Pamlico Buffer
Rule. The portions of the feature highlighted in pink are NOT SUBJECT to the Tar-
Pamlico Buffer Rule, but may include areas of wetlands. These features 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. A request for a determination by the
North Carolina Division of Water Quality Internet www.ncwaterqualitv.or_
943 Washington Square Mail Phone: 252-946-6481 One
Washington, NC 27889 FAX 252-946-9215 1V hCarohna
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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 me at (252) 948-3920.
Sincerely,
ct- , ? lt,-?
Chris Pullinger
Division of Water Quality
Surface Water Protection
Washington Regional Office
Enclosures: 1:24,000 scale USGS topographic map, Greenville SE quadrangle
cc: DWQ 401 Oversight/Express Unit
WaRO File Copy
USACE - Washington Field Office - Attn: Emily Jernigan
Pitt County Planning Department - Attn: Jonas Hill
WaRO DLR
Filename: 2010-0995
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