20100995 Ver 1_Buffer Determination_20110311

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North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue
Governor
Coleen H. Sullins
Director
Dee Freeman
March 11, 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 I 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 March 11, 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, including the entirety of the most downstream pond; however these
features may include areas of wetlands. This letter supersedes the letter issued on
February 4, 2011. 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.
North Carolina Division of Water Quality Internet www.ncwaterqualit ..org
943 Washington Square Mall Phone: [phone]
Washington, NC 27889 FAX [phone]
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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 me at [phone].
Sincerely,
-\JJ ? -1 J?
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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