20071107 Ver 1_Buffer Determination_20070621

o~OF W ATF9QG Michael F. Easley, Governor
\ William G. Ross Jr., Secretary
rte,. North Carolina Department of Environment and Natural Resources
~ ~
p ,~ Colleen Sullins, Director
Division of Water Quality
June 21, 2007
DWQ Project # 2007-1107
Pitt County
Billy Owings
Malpass & Associates
1645 East Arlington Boulevard, Suite D
Greenville, NC 27858
Subject Property: October Glory s/d; Simpson, NC
UTs to Bates Branch and Phillippi Branch, Tar-Pamlico River Basin
On-Site Determination for Applicability to the Tar-Pamlico River Riparian Area Protection Rules (15A
NCAC 2B .0259)
Dear Mr. Owings,
On May 11, 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 is located on the northeast side of the intersection of Avon Road (SR 1762 and B1ackJack-Simpson
Road (SR 1755), south of Simpson. The feature is labeled as "2007-1107" on the attached map initialed by me
on June 25, 2007
The Division of Water Quality (DWQ) has determined that the portion of the features that are
highlighted in pink on the attached map are Exempt from 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
(ai1c .the,. rel~~~:~~lnt 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 dote of this letter.
L~xl~i;~Y~rners or affected parties that dispute a determination made by the DWQ or Delegated Local Authority
tL~at _:,: ~?~[`{+ce ~•.°, Ater 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
WetLcrlds/pit?? [Jnit, 2321 Crabtree Blvd., Raleigh, NC 27604-2260. Individuals that dispute a determination by
the l~ ~~'Q ~;~ i.~elegated Local Authority that "exempts" a surface water from the buffer rule may ask for an
acijud~:.~toc~, ire::Lring. You must act within 60 days of the date that you receive this letter. Applicants are
her`.k~y noifed -chat the 60-day statutory appeal time does not start until the affected party (including
downstre~:~m .~~.d adjacent landowners) is notified of this decision. DWQ recommends that the applicant
condu~, this rlr~tification in order to be certain that third party appeals are made in a timely manner.
Noi~t~h Caz:~i;n~ ~:ivision cif Water Quality
943 Washington Squaze Mall
Wasi-iington, NC 27~S9
Internet: h2o.enr.state.nc.us
Phone: [phone]
FAX [phone]
A ~ L;lual ~ ~,•~r: ~~ ~ . n +iiv~ AcSOn Employer - 50% Recycled110% Post Consumer Paper
NonrthCarolina
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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 me at [phone].
Sincerely,

Chris Pullinger/Environmental Specialist
DWQ/WaRO
Wetlands / 401 Unit
Enclosures: copy of portion of Page 51, 1974 version of Pitt County Soil Survey
cc: DWQ WaRO file
401 Central Office file
Central Files
Filename: 2007-1107

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