20110543 Ver 1_Buffer Determination_20110617

fi-'
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
June 17, 2011
DWQ Project # 11-0543
Pitt County
Windy Ridge HOA
Dorothy Sullivan
35 Scott Street
Greenville NC 27858
Subject Property: Windy Ridge Development
Bell Branch
On-Site Determination for Applicability to the Tar-Pamlico River Riparian Area
Protection Rules (15A NCAC 2B.0259)
Dear Mrs. Sullivan:
On June 16, 2011, at your request I conducted an on-site determination to review the
stream feature located on the subject property for applicability to the Tar-Pamlico Buffer
Rules (15A NCAC 2B .0259). The feature is labeled as "11-0543 Windy Ridge" on the
attached map initialed by me on June 17, 2011.
The Division of Water Quality (DWQ) has determined that the surface water
labeled as 1111-0543" on the attached map is at least intermittent and is SUBJECT to
the Tar-Pamlico Buffer Rule. This stream and its 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
North Carolina Division of Water Quality Internet: www.ncwaterqualiiy.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 Nahmalk
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 Amy Adams at [phone].
Sincerely,
T'J
Amy Adams
Environmental Senior Specialist
Surface Water Protection Section
Division of Water Quality
Washington Regional Office
Enclosures: Map Greenville SE Quad
cc: x/15'WQ 401 Oversight/Express Unit
City of Greenville Planning Dept.
Richie Brown, Stroud Engineering
File Copy
Filename: 11-0543_WindyRidge/aa
NIN
-
21.0
ia•`S -'3_... _4 s .yam' 9' '
? 7 - .?.? r ?- f -+'e. .ate .w •' jiplk
cock
it
r?
~ k
( AO `..
,
w
r
. 1 .
..ryiiy •
?• t ?'? a ?? r, '.? _ '.
.
z ;
r
040
11-0543 Windy Ridge r' •`' ?'
40 0
Bell Branch -' • # ¦ +R,
SUBJECT TO
Y /'r BUFFER RULES Ain'
41
1
10, t,
e
?;+t? i C A" ?iy
{
ip 1
.. •..
Oki,*
r°
As- Ch
OeA 77m,
-a
r ? yyt??, ` ?y 1
46
_ 2 110
Copyright (C) 1997, Maptech, Inc