20120089 Ver 1_Approval Letter_20120210

NCDENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Malpass & Associates
Mr. Ken Malpass
1645 East Arlington Blvd., Suite D
Greenville, NC 27858
Division of Water Quality
Charles Wakid, P.E.
Director
Februaryl0, 2012
Subject Property: Speight Properties, Moss Bend Subdivision, Section 3
Tar - Pamlico River Basin, Phillippi Branch (TAR 05, 28 -98.6; NSW, C)
Dee Freeman
Secretary
DWQ EXP# 12 -0089
Pitt County
On -Site Determination for Applicability to the Tar - Pamlico River Riparian Area Protection Rules (15A
NCAC 2B.0259)-EXPRESS REVIEW PROGRAM
Dear Mr. Malpass:
On February 6, 2012 at your request, I conducted an on -site determination to review a drainage feature located on the
subject property for applicability to the Tar - Pamlico Buffer Rules (15A NCAC 213 .0259). The feature is labeled as `12-
0089A to 12 -0089 B" on the attached maps initialed by me on February 7, 2012.
The Division of Water Quality (DWQ) has determined that the feature labeled as "12 -0089 A to 12 -0089 B" on the
attached maps, and highlighted in red is not subject to the Tar Pamlico Buffer Rules. The stream determination
begins at point 12 -0089A (N 35° 35.310' W 77° 16.209') and continues up stream to point 12 -0089B (N 35° 35.299' W
77° 16.147') as shown on attached maps and marked on the ground with yellow DWQ flagging.
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 Karen Higgins, 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 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
North Carolina Division of Water Quality
943 Washington Square Mall
Washington, NC 27889
Phone: 252 - 946 -64811 FAX: 252 - 946 -9215
Internet: www,nmaterquality.orq
An Equal Opportunity 1 Affirmative Action Employer
NorthCarohna
Natura!!tf

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.
Sincerely,.
l
For Ch les Via 16,
Attachments: Pitt County Soil Survey map
USGS Washington Quad map
Goggle Earth map
Plan Sheet
cc: DWQ 401 /Wetland Express Unit
DLM- WaRO
File Copy
Filename 12 -0089

North C�,roiina Environmental
Management Commission
DIVIsi .n of Water Quality
For :NCAJ - Basin Stiffer
Reviewed ty _�_��

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Name: GREENVILLE SE Location: 0350 35'24.80" N 077' 16'05.3" W
Date: 2/10/2012 Caption: Moss Bend Subdivision, Section 3, Pitt co.
Scale: 1 inch equals 1333 feet
Copyright (C) 1998, Maptech, Inc

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