20160290 Ver 2_Stream Call Request_20160829

C & D LANDFILL, INC.
202 Recycling Lane, Greenville, NC 27834
Phone: [phone]
752-9016
August 19, 2016
DWR — Director
c/o Karen Higgins
DWR 401 & Buffer Permitting Unit a
1650 Mail Service Center L L
t�cts€
Raleigh, NC 27699-1650 � POr 5,�P-e-�-.
Re: Project 16-0290 Determination
Mrs. Higgins:
Enclosed you will find all of the information pertaining to an Interphase Expansion Study known
as "EJE Evaluation". This evaluation is pertaining to C&D Landfill, Inc. Permit Number CDLF-
2009 and is referred to as Feature 16-0290. 1 am requesting a determination of the buffer by
the Director. Should you need any additional information please do not hesitate to contact me
at the number listed above or by email to sa ,�Ai e ur r j rgdf-cm . I appreciate your
help with this matter and looking forward to hearing from you. Thank you in advance for your
time and consideration.
Thank you,
Judson T. Whitehurst
President, C&D Landfill, Inc.

From: Scarbraugh, Anthony
Sent: Tuesday, May 17, 20164:32PIVI
To: Wayne Bell
Cc: Bland, Raleigh VVSAW
(
Subject: RE: E3E evaluation
Mr, Bell,
/
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.
AsdiscuysedonattachedstreamdetenninatkznissuedunderDVVRProject16'UZy0toyouonAph|2l,2O16,!andovvners
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. Arequest for a
determination by the Director shall be refer/ed to the Director in writing c/o Karen Higgins, DVVR 401 & Buffer
Permitting Unit, 16SOMail Service Center, Raleigh, N[27699'1G5O. Individuals that dispute adetermination bythe
DWR or Delegated Local Authority that "exempts" a surface water from the buffer rule may ask for an adjudicatory
hearing. You must act within GDdays ofthe 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 ofthis decision. DWR recommends that the applicant conduct this notification in order to be certain that third
party appeals are made inetimely manner. Toask for ahearing, send awritten petition, which conforms toChapter
1SOB of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,
NI,Z7699'6714. 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,
4nthonyScarbou8h
AnthonyScorbraugh
Environmental Senior Specialist

Water Resources
ENVIszckNME rAL CrtJAt-rry
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
t wwrnor
1114011 W-1311 n011 Vmy .yM4l
SUcr fefry
S. JAY ZIMMERMAN
Dirrcror
DWR # 16-0290
Pitt County
On -Site Determination for Applicability to the Tar -Pamlico River Riparian Area Protection Rules (15A
NCAC 213.0259)
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 2B .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
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

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 1506 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 [phone].
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 5{h Street, Greenville, NC 27834
G. David Garrett, SCS Engineers, PC (email: dgarrett scsen ineers.com)
Filename 16-0290

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