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Home My WebLink About20160290 Ver 1_Other Agency Correspondence_20160518From: Sent: To: Cc: Subject: Attachments: Mr. Bell, Scarbraugh, Anthony Tuesday, May 17, 2016 4:32 PM 'Wayne Bell' MAY I Z�1s Bland, Raleigh W SAW(Raleigh.W.Bland @usace.arm�.mil) (Raleigh.W.Bland@usace.army.mil) WaterQuality Regl W RE: EJE evaluation Operations section W�hington Regional 011109 Interphase Expansion Study.pdf, GoogleEarth_Imagejpg-; Copy of sheet 37 of 1974 Pitt County Soil Survey.pdf Please find attached the 1974 Pitt County Soil Survey and aerial photo of the subject project area and soil polygons. As discussed onsite, the feature would be subject to the Tar -Pamlico Riparian Buffer Rules and any proposed fill of the buffer would require a variance from the Tar -Pamlico Buffer Rule. As discussed on attached stream determination issued under DWR Project 16-0290 to you on April 21, 2016, landowners or affected parties that dispute a determination made by the DWR or Delegated Local Authority that surface water exists and that it is subject to the buffer rule may request determination by 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, 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 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. If you have any further questions, please feel free to contact me. Thanks, _:-• Anthony Scarbraugh Anthony Scarbraugh Environmental Senior Specialist Division of Water Resources - Water Quality Regional Operations Department of Environmental Quality 252 948 3924 office anthony.scarbraugh@ncdenr.gov 943 Washington Square Mali Washington, NC 27889 Nothing Compares..-� 1 Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties. From: Wayne Bell [mailto:wayne@ejerecycle.com] Sent: Tuesday, May 17, 2016 9:53 AM To: Scarbraugh, Anthony <anthony.scarbraugh@ncdenr.gov> Subject: EJE evaluation Anthony, I would like to stop by to discuss the on-site determination that was made several weeks ago. I would like to see the map that shows this blue line. The corp of engineers cannot find a map stating this. We have had 3 different engineers out over past several years and have stated and signed that we are good. I do remember a conversation about once we got down past our wells toward creek that it could possibly be but nothing upward of that. I just feel further discussion is needed on this topic. Please contact me. Cell # 717-8150 Vice President EJE Recycling & Disposal, Inc. 802 Recycling lane Greenville, N.C. 27834 252-752-8274 Phone 252-752-9016 Fax Water Resources ENVIRONMENTAL OUALITY C & D Landfill, Inc. Attn: Mr. Wayne Bell 802 Recycling Lane Greenville, NC 27834 Subject Property: April 21, 2016 Inter -Phase Expansion Study UT to Grindle Creek, Tar -Pamlico River Basin PAT MCCRORY Govemar DONALD R. VAN DER VAART Serelary S. JAY ZIMMERMAN Vlreefar DWR # 16-0290 Pitt County On -Site Determination for Applicability to the Tar -Pamlico River Riparian Area Protection Rules (15A NCAC 2B.0259) Dear Mr. Bell: On April 21, 2016, Anthony Scarbraugh at the request of your consultant Mr. David Garrett of SCS Engineers, PC conducted on-site determination to review unnamed tributary (UT) to Grindle Creek located on the subject property for applicability to the Tar -Pamlico Buffer Rules (15A NCAC 28.0259). The feature is labeled as "16-0290" on the attached map(s) initialed by Mr. Scarbraugh on April 21, 2016. The project is located at 802 Recycling Lane near the Town of Greenville, Pit County, NC. At your request, Mr. Scarbraugh conducted on-site determination as stated above. During his review, he evaluated the streams using the Division of Water Resources (DWR) Stream Classification Form. Feature Not Subject E/I/P* Start@ Stop@ Subject to to Buffers Buffers 16-0290 X I @ Flag 16-0290 Begin @ Flag 16-0290 End • E/I/P—Ephemeral/Intermittent/Perennial The DWR has determined that portion of feature labeled as "16-0290" 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. 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 Stare of North Carolina l Environmental Quality I Water Resources- Water Quality Regional Operations -Washington Regional Office 943 Washington Square Mail, Washington, NC 27889 252-946-6481 C & D Landfill, Inc. Attn: Mr. Wayne Bell Stream Determination Page 2 of 2 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, DWR 401 & Buffer Permitting Unit, 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 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 1508 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 callAnthony 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, NCDEQ Attachment: copy of sheet 37, 1974 version of Pitt County Soil Survey cc: Laserfiche File Copy Brian Jones, Pitt County Planning Department, Development Services Building, 1717 W 51h Street, Greenville, IVC 27834 G. David Garrett, SCS Engineers, PC (email: dgarrett(&scseneineers.com) Filename 16.0290 �V' " Nip PITT COUNTY, NORTH CAROLINA SHEET NUMBER 37 (Joins jheef 29) PO �V' " Nip