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HomeMy WebLinkAbout20140416 Ver 1_Stream Call Letter_20140424Pat McCrory Governor G , NCDENR North Carolina Department of Environment and Natural Resources May 5, 2014 Greene Environmental Services, LLC, David Knowles 2813 Jefferson Drive Greenville, NC 28858 Subject Property: East Carolina Farms, LLC, Pactolus Mitigation Bank Tar - Pamlico River Basin, Moves Run [TAROS, 28 -99 -1; C, NSW] John E. Skvarla III Secretary DWQ# 14 -0416 Pitt County On -Site Determination for Applicability to the Tar - Pamlico River Riparian Area Protection Rules (15A NCAC 2B.0259) Dear Mr. Knowles: On May 2, 2014, at your request, Mr. Roberto Scheller of this Office conducted an on -site determination of drainage features located on the subject property. The drainages were reviewed for applicability to the Tar - Pamlico Buffer Rules in accordance with (15A NCAC 2B .0259). The features are labeled as "S 1, S 2, S 3, S 4" on the attached maps and initialed on May 5, 2014. The Division of Water Resources (DWR) has determined that the features labeled as "S 1, S 3, and S 4" on the attached maps and highlighted in red are not subject to the Tar - Pamlico Buffer Rules. The feature labeled as "S 2" on the attached maps and highlighted in blue is subject to the Tar - Pamlico Buffer Rules. The stream determinations are as illustrated on the attached maps and marked on the ground with yellow DWQ flagging. The owner (or future owners) should notify the DWR (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 DWR 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 DWR 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 Water Quality Regional Operations Section 943 Washington Square Mall Washington, NC 27889 Phone: 252- 946 -64811 FAX: 252- 946 -9215 Internet: wwa.ncwaterquality.orp An Equal Opportunity 1 Affirmative Action Employer until the affected party (including downstream and adjacent landowners) is notified of this decision. DWR 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, 21t—t �� Robert Tankard Assistant Regional Supervisor Division of Water Resources Attachments: Pitt County Soil Survey map Pactolus USGS Quad map Google Earth Aerial cc: DWR Webscape Unit DEMLR- WaRO File Copy Filename 14 -0416 • n 1� s rx .i !El J M t Am. A&� F 1 Y •, ll � IT, a t "o ' 264, - - a • as as - Com , .J - 4 r' r � _ 1. I I FI N h rn.ofina E ronm rtal A _ment missi n f isio of Wapar Quality For: — ol RE r f�JlFl _. t w i Y C f. v - • T� 4 w r r 3':