20160191_On-Site Determination_20050323

\ NA "FY Michael F. Easley, Governor
p William G. Ross Jr., Secretary
p North Carolina Department of Environment and Natural Resources
j r Alan W. Klimek, P.E. Director
Division of Water Quality
March 23, 2005
Eric Galamb
H.W. Lochner, Inc.
2840 Plaza Place, Suite 202
Raleigh, NC 27612
Subject: Improvements to NC 11 and US 264 Business (Greenville Southwest Bypass) in Pitt
County, R-2250
On-Site Determination for Applicability to the Neuse and Tar-Pamlico Buffer Rules
Dear Mr. Galamb:
On March 2, 2005, Brian Wrenn conducted an on-site determination to review thirteen stream features
within the study area for the referenced project for applicability to the Neuse and Tar-Pamlico Buffer
Rules (15A NCAC 2B .0233 and.0259, respectively). The features are labeled on the attached maps
initialed by Brian Wrenn on March 8, 2005.
The Division of Water Quality (DWQ) determinations for the features are presented in Table 1. Four of
the thirteen stream features were determined to be intermittent or perennial and subject to the Neuse
buffer rules. Stream feature G was determined to be perennial and subject to the buffer rules from the
most upstream point at the logging road down to Frog Level Road (see Map 1). Stream feature E1 was
determined to be perennial and subject to the buffer rules from just downstream of Frog Level Road to the
confluence with Horsepen Swamp (see Map 2). Stream feature E2 was determined to be intermittent and
subject to the buffer rules from the most upstream point at the outlet of the field drain tiles to a
downstream point where a distinct channel is lost in an adjacent wetland area of Horsepen Swamp (see
Map 2). Stream feature D was determined to be perennial and subject to the buffer rules from the most
upstream point where the channel begins in the agricultural field to the confluence with a UT to Horsepen
Swamp (see Map 3).
Table 1. - Stream determinations and buffer a licabilit for streams with' th R ')')C n

Stream Feature ID

Stream Determination
m e UUlr
0
Buffer Applicability
I Ephemeral Not Subject
B5-A Not resent Not Subject
B5-B Ephemeral Not Subject
H E hemeral Not Subject
G Perennial Subject
B E hemeral Not Subject
El Perennial Subject
E2 Intermittent Subject
D Perennial Subject
A Ephemeral Not Subject
BD3 Ephemeral Not Subject
BD4 Ephemeral Not Subject
BDl Ephemeral Not Subject
Transportation Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: htto://h2o.enr.state. nc.us/ncwetlands
idors.
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Mr. Galamb
March 23, 2005
Page 2
These on-site determinations 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 mitigation rules 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
John Dorney, DWQ Wetlands/401 Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650. Individuals
that dispute a determination by the DWQ or Delegated Local Authority that "exempts" a surface water
from the mitigation rules 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 Neuse and Tar-Pamlico Buffer Rule requirements and
does not 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 Brian Wrenn at [phone].
;nc ely,
Alan W. Klimek,.
Attachments: Maps 1, 2, and 3
Y
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cc: Nicole Thomson, DWQ Transportation Permitting Unit, Central Office
File Copy
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