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HomeMy WebLinkAbout20140667 Ver 1_Stream Call Letter_20140616NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor July 1, 2014 Mr. Chris Albers Piedmont Natural Gas 4720 Piedmont Row Drive Charlotte, NC 28210 Subject Property: Charles Blvd Gas Line Replacement UT to Meeting House Branch, Tar - Pamlico River Basin John E. Skvarla, III Secretary DWQ # 14 -0667 Pitt County On -Site Determination for Applicability to the Tar - Pamlico River Riparian Area Protection Rules (15A NCAC 2B .0259) Dear Mr. Albers: On June 17, 2014, at your request Anthony Scarbraugh conducted an on -site determination to review , unnamed tributary (UT) to Meeting House Branch located on the subject property for applicability to the Tar - Pamlico Buffer Rules (15A -NCAC 2B .0259). The feature is labeled as "14- 0667" on the attached map initialed by Mr. Scarbrough on July 1, 2014. The project is located at southeast of the intersection of Red Banks Road and Charles Boulevard in Greenville, Pitt County. At your request, Mr. Scarbraugh conducted on -site determination as stated above. During his review, he evaluated the stream using the DWR Stream Classification Form. He evaluated the stream reach 14 -0667 at N 35.58234, W 77.35857 and found evidence that this is a man -made feature not constructed for the purposes of navigational access. North Carolina Administrative Code 15A NCAC 02B .0259 (3)(a)(i) exempts ditches and manmade conveyances other than modified natural streams unless constructed for navigation or boat access. The DWR has determined that the portion of the feature labeled as "14- 0667" on the attached map, and highlighted in red is not subject to the Tar - Pamlico Buffer Rules. The feature and its associated buffers should be identified on any future plans for this property. 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. 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 Division of Water Resources - Water Quality Regional Operations Section - Washington Regional Office 943 Washington Square Mall, Washington, NC 27889 Phone: 252- 946 -6481 1 Fax: 252- 975 -3716\ Internet: www.ncdenr.gov An Equal Opportunity 1 Affirmative Action Employer —Made in part by recycled pacer Director in writing c/o Karen Higgins, DWR 401 & Buffer Permitting Unit, 1617 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 until the affected party (including downstream and adjacent landowners) is notified of this decision. DWR 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 15OB 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 Anthony Scarbraugh in the Washington Regional Office at (252) 948 -3924. Sincerely, Robert Tankard, Assistant Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDENR Attachment: copy of sheet 41, 1974 version of Pitt County Soil Survey" cc: DWR 401 & Buffer Permitting Unit File Copy Suzanne Herron, Energy, Land and Infrastructure, LLC, 1420 Donelson Pike, Suite A -12, Nashville, TN 37217 Filename 14 -0667 r, -_ SHEET NUMBER 41 - -� , -. _ (loon •hes, 34) Wa CrC s aos dD was LOA 86 Lj WeR �e Ro WeC Os OC13 pa / OCR Ma8 y GC B 2 Cr9 I u I ExA 3 x Wa8 PAST CAIPILINA Was GoA � _ ONiyRRSITY r em _o n° GICE ILLS aa,neY at) E �y L Nr8 U Cr8 ?yam" Eaa Me AHB WaB o I o &A J V l Bb • ' ,,.__ <__ :_ WeC r u i Ra Bb % CrB Ly li ExA I e Exe CIS CIO E -Nr8 x WaB Y ErA 4R? so Rb ac - C,c °+ wac i CIA Os ... Ro / \ Co wac OCR � NrA Ly ExA MeB _ OC8 / OCR Wag OCR AIB "o � ^ OCR OCB Ra so — v ` OCB ABR WeC Wes e m ExA Goq .�. 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