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HomeMy WebLinkAbout20080378 Ver 1_Buffer Determination_20080501pF¢W A TF N 101f 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 ;Vaturally 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 • r• tnseu} c,w? Gea?e Ell % ? f ___.-_^:=?'=-_ `?'`;??^'t1, •? eft. w W??t . h; P µd' Bur=i ? Ilwlt ? ?! North Carolina Env ron }I ^ marmwment Commission `4 a'y DNwon of Water QuWity Basin BuCi r For 20 Date 4r1 Re vi?w}red ?. 4*(