20071903 Ver 1_Buffer Determination_20080818

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of wArFq Michael F Easley, Governor
�d William G Ross Jr, Secretary
f w} North Carolina Department of Environment and Natural Resources
p `C Coleen H. Sullins, Director
Division of Water Quality
Chuck Wakild, P.E , Deputy Director
Division of Water Quality
August 18, 2008
Sean Owens
Baldwin & Associates
10 15 Conference Drive
Greenville, NC 27858
DWQ Project # 2007 -1903
Pitt County
Page 1 of 2
Subject Property: Brandy Creek South subdivision, Simpson, NC
UT to Hardee 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. Baldwin:
At your request I conducted an on -site determination to review features located on the subject
property for applicability to the Tar- Pamlico Buffer Rules (15A NCAC 2B .0259). The features
are labeled as "2007- 1903" on the attached map initialed by me on June 19, 2008.
The Division of Water Quality (DWQ) has determined that the portion of the surface water
circled, highlighted :n blue, and labeled as "2007- 1903" on the attached map is Subject to
the d ar- Pamlico Buffer Mule. The portion of the feature that is highlighted in pink is
Exempt .from the Tar -r alr ikeo Buffer Rule. These features and their 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 Director shall be referred to
the Director in writing c/o Cyndi Karoly, DWQ, 401 Oversight /Express Review Pennitting 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
North Carolina Division of Water Quality Internet h2o enr.state nc us
943 Washington Square Mall Phone. [phone]R1 One
Washington, NC 27889 FAX [phone] NorthCarolina
An Equal Opportunity /Affirmative Action Employer- 50% Recycled /90% Post Consumer Paper Naturally

Fallen Creek
Page 2 of 2
May 20, 2008
petition, which c6iifonns 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,
Chris PulIinger/Enviromnental Specialist
Division of Water Quality
Surface Water Protection
Washington Regional Office
Enclosures: copy of 1:24,000 scale USGS Topographic Survey map, Greenville SE quad
cc: DWQ 401 Oversight/Express Unit
File Copy
Central Files
Jonas Hill, Pitt County Planning Department
Filename: 2007 -1903

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