20131143 Ver 1_Stream Call Letter_20131025

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Pat McCrory
Governor
Greenville HO RE, LLC
Attn: Mr. Bob Barbour
330 South Memorial Drive
Greenville, NC 27834
Water Quality Programs
Thomas A. Reeder
Director
November 1, 2013
Subject Property: Barbour Hendrix Honda
UT to Greens Mill Run, Tar - Pamlico River Basin
John E. Skvarla, III
Secretary
DWQ # 13 -1143
Pitt County
On -Site Determination for Applicability to the Tar - Pamlico River Riparian Area Protection Rules (15A
NCAC 2B.0259)
Dear Mr. Venters:
On October 31, 2013, at your request Anthony Scarbraugh conducted an on -site determination to
review unnamed tributary (UT) Greens Mill Run located on the subject property for applicability to the
Tar - Pamlico Buffer Rules (15A NCAC 2B.0259). The feature is labeled as "13- 1143" on the attached map
initialed by Mr. Scarbraugh on November 1, 2013. The project is located approximately 0.13 miles
southwest of the intersection of Greenville Boulevard SW and South Memorial Drive in Greenville, Pitt
County, NC.
At your request, Mr. Scarbraugh conducted on -site determination as stated above. During his review,
he evaluated the stream using the DWR Stream Classification Form. He evaluated the stream reach 13-
1143 at N 35.57123, W 77.40538 and found evidence that this is a man -made feature not constructed
for the purposes of navigational access. North Carolina Administrative Code 15A NCAC 02B .0259
(3)(a)(1) exempts ditches and manmade conveyances other than modified natural streams unless
constructed for navigation or boat access.
The Division of Water Resources (DWR) has determined that the portion of the feature labeled as "13-
1143" on the attached map, and highlighted in red is not subject to the Tar - Pamlico Buffer Rules. The
features and its associated buffers should be identified on any future plans for this property. The owner
(or future owners) should notify the DWR (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.
Water Quality Regional Operations Section
943 Washington Square Mall, Washington, North Carolina 27899
Phone: [phone] FAX: [phone]
Internet www.nmter.org
An Equal Opporlunily 1 Affirmative Action Employer

Greenville HO RE, LLC
Attn: Mr. Bob Barbour
DWR N 13 -1143
Stream Determination
Page 2 of 2
The owner (or future owners) should notify the DWR (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 DWR 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 Karen Higgins, DWR 401 & Buffer Permitting Unit, 1650 Mail
Service Center, Raleigh, NC 27699 -1650. Individuals that dispute a determination by the DWR 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. DWR 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 1508 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 Anthony
Scarbraugh in the Washington Regional Office at (252) 948 -3924.
Sincerely,
David May .
Regional Supervisor
DWR Washington Regional Office
Attachment: copy of page, 1974 version of Pitt County Soil Survey
cc: DWR 401 & Buffer Permitting Unit
File Copy
Bryan Fagundus, PE, Ark Consulting, PLLC, 3280 Charles Blvd. Suite -B, Greenville, NC 27858
Filename 13 -1143

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PITT' COUNTY, NORTH CAROL