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HomeMy WebLinkAbout20160698 Ver 1_Buffer Determination_20160826Water Resources ENVIRONMENTAL QUALITY PAT MCCRORY Governor DONALD R. VAN DER VAART Secretary S. JAY ZIMMERMAN Director August 26, 2016 DWR # 16-0698 Pitt County SunCap Property Group, LLC Attn: Mr. Kevin Darr 6101 Carnegie Boulevard, Suite 180 Charlotte, NC 28209 Subject Property: Fed Ex Freight UT to Parker Creek and Parker Creek, Tar -Pamlico River Basin On -Site Determination for Applicability to the Tar -Pamlico River Riparian Area Protection Rules (15A NCAC 213.0259) Dear Mr. Darr: On August 22, 2016, at your request at the request of your consultant Mr. Paul Stephens of Engineering Consulting Services, LTD, Anthony Scarbraugh conducted on-site determinations to review unnamed tributary (UT) to Parker Creek and Parker Creek located on the subject property for applicability to the Tar -Pamlico Buffer Rules (15A NCAC 213.0259). The features are labeled as "16-0698 A and 16-0698 B" on the attached map(s) initialed by Mr. Scarbraugh on August 26, 2016. The project is located at 400 Industrial Boulevard in Greenville, Pitt County. At your request, Mr. Scarbraugh conducted on-site determinations 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 Not 16-0698 A X Feature N/A N/A Present 16-0698 B X P @ Flag 16-0698 B Begin @ Flag 16-0698 B End • E/I/P — Ephemeral/Intermittent/Perennial The DWR has determined that portion of feature labeled as "16-0698 A" on the attached map(s), and highlighted in red is not subject to the Tar -Pamlico Buffer Rules. The DWR has determined that portion of feature labeled as "16-0698 B" on the attached map(s), and highlighted in blue is subject to the Tar - Pamlico Buffer Rules. The features 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 State of North Carolina I Environmental Quality I Water Resources —Water Quality Regional Operations —Washington Regional Office 943 Washington Square Mail, Washington, NC 27889 252-946-6481 SunCap Property Group, LLC Attn: Mr. Kevin Darr Stream Determination Page 2 of 2 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 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. 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, UA— Robert Tankard, Assistan Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ Attachments: USGS Topographic 1:24,000 Quadrangle Map "Greenville NE" copy of sheet 35, 1974 version of Pitt County Soil Survey cc: Laserfiche File Copy Samir Dumpor. DEMLR WaRO (via email) Paul Stephens, Engineering Consulting Services, LTD (via email: pstephens@ecslimited.com) Filename 16-0698 North cAro*w Erntronmeridd Management Commission all I w� a . Pa AgB Pa La Ag AgeLa Pa t Pa AgB U �^ Tu LaB Os r. -. t AgB 'WaS Pa T P Pa PaCh , A LaB AgB Pa 1l•Rd�... - Tri Pa B a n 1lYaB AIBk may', r "s' LEGEND Approximate Site Boundary SOURCE: FIGURE 2 USDA Soil Survey of SOIL MAP Pitt County Fed Ex Freight Issued: 1974 400 Industrial Boulevard Map Sheet Number: 35 Greenville, Pitt County, North Carolina Scale: 1"= 600' n ECS Project No.: 49: 2464-A