HomeMy WebLinkAbout20081575 Ver 1_Stream Call Letter_201304174
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakid, P.E.
Governor Director
April 17, 2013
Evan J. Midgette
Midgette Investments, LLC
3108 Ralston Road
Greenville, NC 27858
John E. Skvarla III
Secretary
DWQ EXP# 08 -1575 Ver. 2
Pitt County
Subject Property: Property Located at Corner of Allen Road (SR 1203) and Dickinson Ave.
(Parcel #03941/27481)
Tar - Pamlico River Basin, Ut to 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 211.0259) - EXPRESS REVIEW PROGRAM
Dear Mr. Midgette:
On April 17, 2013 at your request Mr. Roberto Scheller of this Office conducted an on -site determination of a drainage
feature located on the subject property for applicability to the Tar - Pamlico Buffer Rules (15A NCAC 2B .0259). The
feature is labeled as "08 -1575 A to 08 -1575 B" on the attached maps initialed on April 17, 2013.
The Division of Water Quality (DWQ) has determined that the feature labeled as 1108 -1575 A to 08-1575 B" on the
attached maps, and highlighted in red is not subject to the Tar - Pamlico Buffer Rules. The stream determination
begins at point 08 -1575 A (N 35° 34.708' W 77° 25.970'), at the roadway culvert outlet that passes under Allen Road, and
is flagged on the ground with yellow DWQ flagging. The feature continues down gradient to a second point labeled as
08 -1575 B (N 35° 34.614' W 77° 25.854'), located at the inlet of the roadway culvert that passes under Dickinson
Avenue, and marked on the ground with yellow DWQ flagging. The subject stream determination is as described above
and illustrated on the enclosed 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 Karen Higgins, 1650 Mail Service Center
Raleigh, NC 27699 -1650. Individuals that dispute a determination by the DWQ or Delegated Local Authority that
North Carolina Divisan of Water Quality
943 Washington Square Mall
Washington, NC 27889
Phone: 252 - 946 -64811 FAX 252 -946 -9215
Internet www.ncwabwquaGty.orq
An Equal opportunity 1 Affirmative Action Employer
NorthCarolina
Naturally
"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 conducts 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.
Sincerely,
For Charles Wakid, P.E.
Attachments: Pitt County Soil Survey map
USGS Greenville SW Quad map
Goggle Earth map
cc: DWQ Webscape Unit
DEMLR- WaRO
File Copy
Filename 08 -1575 Ver. 2
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Name: GREENVILLE SW Location: 035° 34'42.85" N 077° 25'51.84" W
Date: 4/17/2013 Caption: Stream Determination Midgette Investment, LLC, Corner of
Scale: 1 inch equals 1000 feet Allen Road and Dickinson Ave. Greenville, NC
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