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HomeMy WebLinkAbout20130774 Ver 1_Stream Call Letter_20130726A �� NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor Jim Heidenreich Heidenreich & Associates, LLC 107 Poplar Ridge Drive Goldsboro, NC 27534 Division of Water Quality Thomas A. Reeder Acting Director July 26, 2013 John E. Skvarla III Secretary DWQ EXP # 13 -0774 Pitt County Subject Property: St. Mary's Baptist Church Tar - Pamlico River Basin, Johnsons Mill Run [TAR 05, 28 -91; NSW, WS- IV] On -Site Determination for Applicability to the Tar - Pamlico River Riparian Area Protection Rules (15A NCAC 2B.0259), Express Review Dear Mr. Heidenreich: On July 26, 2013 at your request Mr. Roberto Scheller of this Office conducted an on -site determination of a drainage feature located on the west side of Flemming School Road (SR 1419) for applicability to the Tar - Pamlico Buffer Rules (15A NCAC 2B .0259). The feature is labeled as "13 -0774 A to 13 -0774 B" on the attached maps and initialed on July 26, 2013. The Division of Water Quality (DWQ) has determined that the feature labeled as 1113 -0774 A to 13 -0774 B" on the attached maps, and highlighted in red is not subject to the Neuse Buffer Rules. The stream determination begins at the outlet of a roadway culvert located at point 13 -0774 A (N 35° 39.473' W 77° 23.503') and continues down gradient to a second point labeled 13 -0774 B (N 35° 39.513' W 77° 23.756'). All points have been 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 North Carolina Division of Water Quality 943 Washington Square Mall Washington, NC 27889 Phone: 252 - 946-64811 FAX: 252 -946 -9215 Internet www.nmaterquality.org An Equal Opportunity 1 Affirmative Action Employer One NorthCarolina Natmally 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 Thom s A. Reeder Attachments: Pitt County Soil Survey map USGS Northeast Goldsboro Quad map Goggle Earth map cc: DWQ Webscape Unit DEMLR- WaRO File Copy Filename 13 -0774