20090321 Ver 1_Buffer Determination_20090608

Al "Tr
NCDENR
North Carolina Department of Environment and Natural
Division of Water Quality
Beverly Eaves Perdue
Governor
Coleen H. Sullins
Director
Dee Freeman
Secretary
June 8, 2009
DWQ Project # 2009-0321
Pitt County
Perry Ennis
1302 Casey Brooke Court
Greenville, NC 27858
Subject Property: Ennis 1/2 acre pond - Bell Fork, NC
UT to Hardee Creek, Tar-Pamlico Basin; (03030528-97; C; NSW)
On-Site Determination for Applicability to the Tar-Pamlico River Riparian Area
Protection Rules (15A NCAC 2B.0259)
Dear Mr. Ennis:
At your request, I conducted an on-site determination to review a drainage feature located
on the subject property for applicability to the Tar-Pamlico Buffer Rules (15A NCAC 2B
.0259). The feature is labeled as "2009-0321" on the attached map initialed by me on
June 8, 2009. The project is located on the west side of Rouse Road (SR 1732),
approximately 0.8 miles south the intersection of Rouse Road and Portertown Road (SR
1726), near Greenville.
The Division of Water Quality (NCDWQ) has determined that the surface waters
highlighted in pink and labeled as "2009-0321" on the attached map is EXEMPT
from the Tar-Pamlico Buffer Rule. This feature and any associated buffers should be
identified on any future plans for this property. The owner (or future owners) should
notify the NCDWQ (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
North Carolina Division of Water Quality Internet: www.newaterquality org
943 Washington Square Mall Phone: [phone] One
Washington, NC 27889 FAX [phone] NorthCarohna
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper Naturall?
Resources
Page 2 of 2
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 Chris Pullinger at [phone].
Sincerely,
Chris Pullinger
Enclosures: copy of Greenville SE quadrangle, 1:24,000 scale USGS topographic map
cc: DWQ 401 Oversight/Express Unit
WaRO File Copy
DLR WaRO
USACE - Washington Field Office
Filename: 2009-0321
.. ,;?yi
n
f+ R
North Carolina Envircomenw
Grave Bement Commedsisim, ?
Mision Of Weer
chloy
Ceryl . •
.y 111TT??nity
•..
W cdf _
ape
V,
r • qtr t •
121.0
•
i ?
cem
2A5 Gem i
•