HomeMy WebLinkAbout20080378 Ver 1_Buffer Determination_20080501pF¢W A TF
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May 1, 2008
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Colleen Sullins. Director
Division of Water Quality
DWQ Project # 2008-0378
Pitt County
Amy L. Franklin, P.E.
The Wooten Company
301 West Fourteenth Street
Greenville, North Carolina 27834
Subject Property: Stokes Elementary, Stokes, NC
UT to Grindle Creek, Tar-Pamlico River Basin
MAY 5 2008
DENR. WATER QUAU7y
WETLANDS AND STORMWA1fR8RAtM
On-Site Determination for Applicability to the Tar-Pamlico River Riparian Area Protection Rules (15A
NCAC 2B.0259)
Dear Ms. Franklin:
At your request I conducted an on-site determination to review drainage features located on the subject property
for applicability to the Tar-Pamlico Riparian Buffer Rules (15A NCAC 213 .0259). The property/feature is
located on the north side of HWY 903, west of Stokes, NC. The feature is labeled as "2008-0378" on the
attached map initialed by me on May 1, 2008
The Division of Water Quality (DWQ) has determined that the portions of the feature that is circled and
highlighted in blue on the attached map is Subject to the Tar-Pamlico Buffer Rules. The portion of the
feature that is highlighted in pink on the attached map is 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 (and other relevant 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 date of this letter.
Landowners or affected parties that dispute a determination made by the DWQ 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 Cyndi Karoly, DWQ
Wetlands/401 Unit, 2321 Crabtree Blvd., Raleigh, NC 27604-2260. Individuals that dispute a determination by
the DWQ 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. DWQ recommends that the applicant
conduct this notification in order to be certain that third party appeals are made in a timely manner.
North Carolina Division of Water Quality Internet: h2o.enr.state.nc.us
943 Washington Square Mall Phone: 252-946-6481
Washington, NC 27889 FAX 252-946-9215
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
NorthCarohna
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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 (252) 948-3920.
Sincerely,
Chris Pullinger/Environmental Specialist
DWQ/WaRO
Wetlands / 401 Unit
Enclosures: copy of a portion of 1:24,000 scale USGS topographic map, Greenville SW quadrangle
cc: DWQ WaRO file
401 Central Office file
Central Files
U.S. Army Corps of Engineers, Washington field office
Filename: 2008-0477
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