20110545 Ver 1_Buffer Determination_20110617

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
Kathryn Blount
520 W. Longmeadow Rd
Greenville NC 27858
DWQ Project # 11-0545
Pitt County
Subject Property: Airport Rd. Commercial Lot (Pin #01726)
Parker Creek
On-Site Determination for Applicability to the Tar-Pamlico River Riparian Area
Protection Rules (15A NCAC 2B.0259)
Dear Mrs. Blount:
On June 16, 2011, at your request I conducted an on-site determination to review two
blue line features located on the subject property for applicability to the Tar-Pamlico
Buffer Rules (15A NCAC 2B.0259). The features are labeled as "11-0545A", "11-
0545B" and "11-0545C" on the attached map initialed by me on June 17, 2011.
At your request, I conducted an on-site determination as stated above. During my review
I evaluated the stream using the DWQ Stream Classification Form. I evaluated the
stream reach 11-0545B to 11-0545C and calculated the score to be 18 points. The form
states that if the score is "greater than or equal to 19 points the stream is at least
intermittent". After review of the topographic maps, applicable soil surveys, and LiDAR
data it was determined that this is not a natural feature in a natural drainageway, and
therefore not subject to the Buffer Rules. This feature however may still be considered
waters of the State and/or waters of the US by the Army Corps of Engineers.
The Division of Water Quality (DWQ) has determined that the surface water
labeled as 1111-0545B to 11-0545C" on the attached map is man-made and is NOT
SUBJECT to the Tar-Pamlico Buffer Rule. This does not exempt the feature from
stream standards, only from applicability to the Buffer Rules. This feature and its
associated buffers should be identified on any future plans for this property. The owner
North Carolina Division of Water Quality Internet: w vw.ncwaterqualit) .
943 Washington Square Mall Phone: [phone] One
Washington, NC 27889 FAX [phone] lr O hCarolina
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(or fixture 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 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,
Up
Amy Adams
Environmental Senior Specialist
Surface Water Protection Section
Division of Water Quality
Washington Regional Office
Enclosures: Soils Map Pitt County
Aerial Map
Stream FAQs
Cc (W/ou enclosures):
DWQ 401 Oversight/Express Unit
City of Greenville Planning Department
File Copy
Filename: 11-0545_Ai rportCom m/aa