HomeMy WebLinkAbout20071965 Ver 1_Buffer Determination_20090107OFWATFR
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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
Chuck Wakild, P.E., Deputy Director
Division of Water Quality
January 7, 2009
DWQ Project # 2007-1965
Pitt County
David Gainey
Soil & Environmental Consultants
11010 Ravenridge Road
Raleigh, NC 27614
Subject Property: Spring Shire Retirement, LLC; Greenville, NC
UT to Tar River, Tar-Pamlico River Basin (03-03-05; WS-IV, NSW; 28-84)
On-Site Determination for Applicability to the Tar-Pamlico River Riparian Area
Protection Rules (15A NCAC 2B.0259)
Dear Mr. Gainey:
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 "2007-1965" on the attached map initialed by me on January 7, 2009. The
property is located on the north side of NC HWY 43, approximately 0.5 miles east of the
intersection of MacGregor Downs Road (SR 1202) and NC HWY 43, near the community of
Rock Spring, NC.
The Division of Water Quality (DWQ) has determined that the portion of the surface water
that is circled, highlighted in blue, and labeled as "2007-1965" on the attached map is at
least intermittent and is SUBJECT to the Neuse Buffer Rule. The portion of the surface
waters highlighted in pink and labeled on the attached map is ephemeral and NOT
SUBJECT to the Neuse Buffer Rule. The point on the ground where the features begin
subjectivity has been flagged. 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 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
North Carolina Division of Water Quality Internet: h2o.enr.state.nc.us
943 Washington Square Mall Phone: 252-946-6481 One
Washington, NC 27889 FAX 252-946-9215 NorthCuolina
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November 5, 2008
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,
??
Chris Pullinger/Environmental Specialist
Division of Water Quality
Surface Water Protection
Washington Regional Office
Enclosures: copy of page 33, 1974 version of the Pitt County Soil Survey
cc: DWQ 401 Oversight/Express Unit
WaRO File Copy
Jonas Hill, Pitt County Planning Department
David W. Ammons, Spring Shire Retirement LLC, 2304 Wesvill Ct., Suite 310, Raleigh NC 27607
Filename: 2007-1965
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