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HomeMy WebLinkAbout20110128 Ver 1_Buffer Determination_20110715Beverly Eaves Perdue Governor A&' ??? NCDENR North Carolina Department of Environment and Division of Water Quality Coleen H. Sullins Director Natural Resources Dee Freeman Secretary July 15, 2011 Mr. Doug Mace 3851 Dunhagan Road Greenville, NC 27858 Subject Property: DWQ # 11-0128 Pitt County Gurley Property @ Corner of Allen Road (SR 1203) & Mac Gregor Downs Road (SR 1202) Unnamed Tributary to School House Branch, Tar-Pamlico River Basin On-Site Determination for Applicability to the Tar-Pamlico River Riparian Area Protection Rules (15A NCAC 2B .0259) Dear Mr. Mace: On July 15, 2011, as a follow-up to a previous stream determination, I conducted an on-site review for confirmation and documentation of the previous call for applicability to the Tar-Pamlico Buffer Rules (15A NCAC 2B .0259). The feature is labeled as "11-0128 A & B" on the attached maps and initialed by me on July 15, 2011 and serves as a written record for your files. The Division of Water Quality (DWQ) has determined that the feature labeled as "11-0128 A to 11-0128 B" on the attached maps, and highlighted in blue is subject to the Tar-Pamlico Buffer Rules. The subject stream determination starts at the junction of SR 1203 (Allen Rd.) and SR 1202 (Mac Gregor Downs Rd.) and continues downstream 300 feet onto the neighboring property of Mrs. Roy Coburn (see 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 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. North Carolina Division of Water Quality 943 Washington Square Mall Washington, NC 27889 Phone: 252-946-6481 1 FAX: 252-946-9215 Internet: www rtmaterquality.orq An Equal Opportunity 1 Affirmative Action Employer NorthCarolina ;Vaturalltf 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. ncerel For Co een H. ulliris- Attachments: Pitt County Soil Survey map USGS Greenville SW Quad map cc: DWQ 401/Wetland Express Unit File Copy Filename 11-0128 a f Rey, ¦ Vl e ? i yl Y" ??Y'•I + a k ? ' ' i may, /? • , ? 4P 2, 2? 4 a t w Alto I E 11-0128 A Chapel fey' • s ??•?; *f + 1+ ?? .s? . mom F, 24 T_ - •'? 111-0128B 5• wr 20, 1' BYlfii$'rl tvr } t k--S? '24 5 so vom- pow R4o Towers ?WN CT) 08-1619A 08-16198 f ??¦s1 N th a--rolina vironmeYal .,:?, . ..mow- _ ^'rr--!'°?s?"'"v".'*'? nagement mis^n ivisio of Wa er gAity 7C? \ -L? For,. n ?c!ffE? `' ?, NzlfiS ?- Location: 035' 36'39.86" N 077° 25'00.92" W Date ?7(15/2?11 Caption: Stream Determination Gurley Property, Pitt Co. Scaft;:`7 Copyright (C) 1998. Mantech. Inc. 6 Reviewed by_ PSI Nor'Uh 1 . n;aI Management Commission Divisi n of Water Quality Iror - gain Btler Date ll.