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HomeMy WebLinkAbout20150852 Ver 1_Buffer Determination_20150904WNW North Carolina Department of Environment and Natural Resources Pat McCrory Governor City of Greenville Attn: Ms. Lisa Kirby PO Box 7207 Greenville, NC 27835 Subject Property: September 4, 2015 Town Creek Culvert and Storm Drain Improvements UT to Tar River, Tar - Pamlico River Basin Donald R. van der Vaart Secretary D W Q # 15 -0851 Pitt County On -Site Determination for Applicability to the Tar - Pamlico River Riparian Area Protection Rules (15A NCAC 2B .0259) Dear Ms. Kirby: On September 1, 2015, at request your consultant Mr:`Brad Breslow of WK Dickson and Company, Inc., Anthony Scarbraugh conducted on -site determination to review unnamed tributary (UT) to Tar River located on the subject property for applicability to the Tar - Pamlico Buffer Rules (15A NCAC 2B .0259). The feature is labeled as "15- 0852" on the attached map(s) initialed by Mr. Scarbraugh on September 4, 2015. The subject project is located on northwest intersection of East 3rd Street and Reade Street and continues to the northwest of the intersection of East 1" and Reade Street 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. Feature Not Subject I E /I /P* Start@ Stop@ Subject to to Buffers Buffers 15 -0852 X P @ Flag 15 -0852 Begin @ Flag 15 -0852 End • E/ I/ P— Ephemeral /Intermittent /Perennial The Division of Water Resources (DWR) has determined that a portion of feature labeled as "15 -0852' on the attached map(s), and highlighted in blue is subject to the Tar - Pamlico Buffer Rules. The feature and the 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. 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 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: 252-975-37161 Internet: www,ncdenr.gov An Equal Opportunity l Affrmatve Action Employer — Made in part by recycled paper City of Greenville Attn: Ms. Lisa Kirby Stream Determination Page 2 of 2 the Director. A request for a determination by the Director shall be referred to the Director in writing c/o Karen Higgins, DWR 401 & Buffer Permitting Unit, 1617 Mail Service Center, Raleigh, NC 27699 -1617. 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 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 Anthony Scarbraugh in the Washington Regional Office at (252) 948 -3924. Sincerely, , ?'�A -z: Robert Tankard, Assistant Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDENR Attachments: copy of sheet 34, 1974 version of Pitt County Soil Survey cc: Laserfiche File Copy Kyle Barnes, USACE Washington Regulatory Field Office (via email) Brad Breslow, W.K. Dickson & Company, Inc. (via email: bbreslowOwkdickson.com) Filename 15 -0852 CAROLINA — SHEET NUMBER 34 Oc B LPA 2 485 000 FEET ' B Os A76 OcB \ a q/B - Os PBS 'A113 Po _ OcB Lae Pa (%8 Was I 6�P r4 WaB Tu Wa8 WaB ��—Bb Tu Pa Ocg Pa LaB • AIB ' Tu Lab WaB -OCB TL Ro Aga WaB Wa �' Pa AgB Pa :.WaB WaB �; - I w j LaB Wk8 Pa Oc8 AgB WaB - -. A18 Pa -- Os • WaB \ LaB Ro AgB T. 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