20070964 Ver 1_Buffer Determination_20070828

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
August 28, 2007
DWQ Project # 2007-0964
Pitt County
Stephen N. Spruill, PLS
Spruill and Associates, Inc.
2747 East Tenth Street
Greenville, North Carolina 27858
Subject Property: Kenneth Lloyd tract (Pitt Co. PIN 58396); Greenville, NC
Lawrence Run, Tar-Pamlico River Basin
On-Site Determination for Applicability to the Tar-Pamlico River Riparian Area Protection Rules (15A
NCAC 2B .0259)
Dear Mr. Spruill:
On June 6, 2007, at your request Iconducted an on-site determination to review drainage features located on the
subject property for applicability to the Tar-Pamlico Riparian Buffer Rules (15A NCAC 2B .0259). The
property/feature is located on the north side of VOA C Road (SR 1212), approximately 0.3 miles west of the
intersection with NC HWY 43, near Bruce, NC. The feature is labeled as "2007-0964" on the attached map
initialed by me on August 28, 2007
The Division of Water Quality (DWQ) has determined that the portions of the feature that is circled and
highlighted in blue on the attached map is Subject to the Tar-Pamlico Buffer Rules. This feature should be
identified on any future plans for this property. The owner (or future owners) should notify the DWQ (and other
relevant agencies) of this decision in any future correspondences concerning this property. This determination
pertains to the subject property only. 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 Cyndi Karoly, DWQ
Wetlands/401 Unit, 2321 Crabtree Blvd., Raleigh, NC 27604-2260. 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.
North Carolina Division of Water Quality Internet: h2o.enr.state.nc.us
943 Washington Square Mall Phone: [phone]
Washington, NC 27889 FAX [phone]
An Equal OpportunitylAffirmative Action Employer- 50% Recycled110% Post Consumer Paper
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To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Cazolina 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 heazing within 60 days.
This letter only addresses the applicability to~the;~uf~er rules. and. does not approve any activity within the
buffers. Nor does this letter approve any`activity wthin'Waters of the United States or Waters of the State. If
you have any additional questions or require additional information please call me at [phone].
Sincerely,
1..~.,r,..a ~..s,~.l~ , , ~ `'
Chris Pullinger/Environmental Spec. II
DWQ/WaRO
Wetlands / 401 Unit
Enclosures: copy of a portion of 1:24,000 scale USGS topographic map, Greenville NW quadrangle
cc: DWQ WaRO file
401 Central Office file
Central Files
Filename: 2007-0964

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