20110004 Ver 1_Buffer Determination_20110105

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WASEN
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
January 5, 2010
Joyner Keeny, PLLC
Mr. Brent Niemann, P.E.
Post Office Box 7533
Rocky Mount, NC 27804
Dee Freeman
Secretary
DWQ EXP# 11-0004
Pitt County
Subject Property: Stallings Oil Company, Buffer Determination
Tar-Pamlico River Basin, Green Mill Run (TAR-05, 28-96; NSW, C)
On-Site Determination for Applicability to the Tar-Pamlico River Riparian Area Protection Rules (15A
NCAC 2B.0259)-EXPRESS REVIEW PROGRAM
Dear Mr. Niemann:
On January 3, 2011, at your request, Roberto Scheller of this Office conducted an on-site determination to review two
drainage features located on the subject properties for applicability to the Tar-Pamlico Buffer Rules (15A NCAC 213
.0259). The features are labeled as "11-004A and 11-00413" on the attached maps initialed by me on January 4, 2010.
The Division of Water Quality (DWQ) has determined that the features labeled as "11-004A" on the attached
maps, and highlighted in blue are subject to the Tar-Pamlico Buffer Rules. The feature labeled as `°11-004B" on
the attached maps and highlighted in red are not subject to the Tar-Pamlico Buffer Rules. The buffer determination
(11-004A) begins where the stream crosses the property line at the northern end of the subject property (N 35° 35.519', W
77° 20.853'), marked on the ground with yellow DWQ flagging, and continues upstream to the southwest corner of the
subject property (N 35° 35.468' W 77° 20.864') and marked on the ground with yellow DWQ flagging (see maps). The
second feature (11-004B) starts next to 14th street (N35° 35.488, W77° 20.825'), marked on the ground with yellow DWQ
flagging, and goes down gradient to end at point (N 35° 35.494' W 77° 20.850') marked on the ground with yellow
flagging as shown on the attached maps. 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 John Dorney, DWQ Wetlands/401 Unit, 2321
Crabtree Blvd., Raleigh, NC 27604-2260. Individuals that dispute a determination by the DWQ or Delegated Local
North Carolina Division of Water Quality
943 Washington Square Mall
Washington, NC 27889
Phone: [phone] FAX: [phone]
Internet vwwr.ncwaterquality.orq
An Equal Opportunity 1 Affirmative Action Employer
None Caroli a
N turall
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 Roberto Scheller in the Washington Regional Office at (252) 948-
3940.
Aii c e ,
For Coleen H. Sullins
Attachments: Pitt County Soil Survey map
USGS Greenville Quad map
Goggle Earth map
cc: DWQ 401/Wetland Express Unit
File Copy
Filename 11-0004
? 11
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Name: GREENVILLE SE Gatep Location: 035° 3523.36" N 077° 20'47.47" W
Date: 114/2011 Caption: Stallings Oil Site
Scale: 1 inch equals 1 000 feet Reviewed by Greenville Blvd 14th Street Grenville, NC
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