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HomeMy WebLinkAbout20170058 Ver 1_Buffer Determination Request_20170112r"i NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Pat McCrory Water Quality Programs John E. Skvarla, III Governor Thomas A. Reeder Secretary Director {cl� �A"ti'lTlir ::'ts� �gd7d ,w7, Stream Origin/Buffer Applicability Determination Required Information 1. Owner Information (corporation/individual who is legally responsible for the property and its compliance) 1 a. Name(s) on Recorded Deed Springshire Retirement, LLC 1 b. Responsible Party (for LLC) David W. Ammons 1c. Mailing Address 7200 Creedmoor Rd STE 102, Raleigh, NC 27613 1d. Telephone Number (919) 783-0044 1 e. Email Address I N/A 2. Location of Project Site - please include the county, nearest named town and highway number: Pitt County / Greenville, NC / Just North of NC 43 3. Has anyone from DWQ visited the site? Yes I Staff Name Chris Pullinger Date of Visit? 1 1/07/09 Additional Requested Information 4. Agent/Consultant Information (if applicable) 4a. Name, Company Bob Zarzecki — S&EC 4b. Mailing address 8412 Falls of Neuse Road, Suite 104, Raleigh, NC 27615 4c. Telephone no. (919) 846-5900 4d. Email address bzarzecki@sandee.com 5. Project and Site Information 5a. Name of project SpringShire Site 5b. County Pitt 5c. Nearest Named Stream Tar River (WS-IV;NSW) 5d. River Basin Tar -Pamlico River Basin 5e. Provide a brief description of this project (attach site plan if available): Proposed Retirement Community Please attach a map of the site indicating project boundaries on the USGS 1:24,000 Topo and/or MRCS Soil Survey. If you are unable to locate either of these maps, please contact the Regional Office for assistance. Please return form to: Anthony Scarbraugh 943 Washington Square Mall Note: Submittals on Friday after 12:00 pm Washington, NC 27889 will be stamped as received on the Fax: (252) 946-9215 next business day. Email: anthony.scarbraugh(a)ncdenr gov Please contact Anthony Scarbraugh at (252) 946-6481 if you have any questions. �, _„e ,M, ,»n+s,.,e:. �,w .r,,,. -m. r, �, Ts..mx,.• -:_.., :,. ,- r.r-.,, M1 . .-n.ur:. :. m , .,..a ,. - r.,„. �:,: r a I.M40kr++A++++++++++erbwC+�� +++++++++++++++++++++w Project No. !110834.W5 Figure I USGS Map S BirSoil & Environmental Consultants, PA County,,:Project Mgr.:Spring ShireS412 Road, SWW 104, RaWid,NC 27615 - Phone; (919) W-5900 -Fax: (919) &46-9467 Scale: Pitt EC ,,, 500 0 1,000 Feet NC USGS rGreenville NW Quadrangle ` ww '\ oeeeiiv ` � :: oi`.,`'#i#.oris♦##�'�i� � , Legend Evaluation Area eeoc#'o#moi Area Not Evaluated ' --oWetland Boundary I #i�,#ffw►o#o°�t'ooiiii�< a ♦iii ♦oo`+�. - -- - �►oeooioeiA�iioei#t ° - - ♦e..♦ ♦iioi ►OO�oif- ` *ieo-a*siieosieo#° ►�#�#�e�fDid Not Evaluate ii#oeei#�i$s#,�ae� .� ♦.roiii0ei#o DWR -1965 Project No. i r �� ►#jr�i"#���1RReii _ r f+iAA1i#ii � F +���>eiesoo*+e*iii . I • i II 4 jjjyyy. 10834.W5 Figure 2 •' • . • ' ' ProjectShireSpring EC David Gainey Soil & Environmental Consultants 11010 Ravenridge Road Raleigh, NC 27614 Michael F. Easley, Governor William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources January 7, 2009 Coleen H. Sullins, Director Division of Water Quality Chuck Wakild, P.E., Deputy Director Division of Water Quality DWQ Project # 2007-1965 Pitt County Subject Property: Staring Shire Retirement, .LLC; Greenville, NC UT to Tar River, Tar -Pamlico River Basin (03-03-05; WS -IV, NSW; 28-84) On -Site Determination for Applicability to the Tar -Pamlico River Riparian Area Protection Rules (15A NCAC 2B.0259) Dear Mr. Gainey: At your request I conducted an on-site determination to review features located on the subject property for applicability to the Tar -Pamlico Buffer Rules (15A NCAC 2B.0259). The features are labeled as "2007-1965" on the attached map initialed by me on January 7, 2009. The property is located on the north side of NC HWY 43, approximately 0.5 miles east of the intersection of MacGregor Downs Road (SR 1202) and NC HWY 43, near the community of Rock Spring, NC. The Division of Water Quality (DWQ) has determined that the portion of the surface water that is circled, highlighted in blue, and labeled as "2007-1965" on the attached map is at least intermittent and is SUBJECT to the Neuse Buffer Rule. The portion of the surface waters highlighted in pink and labeled on the attached map is ephemeral and NOT SUBJECT to the Neuse Buffer Rule. The point on the ground where the features begin subjectivity has been flagged. These features and their'associated buffers 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 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, 401 Oversight/Express Review Permitting Unit, 2321 Crabtree Blvd., Suite 250, 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 North Carolina Division of Water Quality Internet h2o.ennstate.nc us 943 Washington Square Mall Phone: 252-946-6481 7�7One 7 Washington, NC 27889 FAX 252-94'6-9215 1 y OZf CGroliina An Equal Opportunity/Affirmative Action Employer- 50% Recycted/10% Post Consumer Paper Naturally Carolina Stone - Fort Barnwell Mine Page 2 of 2 November 5, 2008 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 parry 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 me at (252) 948-3920. Sincerely, « q Chris Pullinger/Environmental Specialist Division of Water Quality Surface Water Protection Washington Regional Office Enclosures: copy of page 33, 1974 version of the Pitt County Soil Survey cc: DWQ 401 Oversight/Express Unit WaRO File Copy Jonas Hill, Pitt County Planning Department David W. Ammons, Spring Shire Retirement LLC, 2304 Wesvill Ct., Suite 310; Raleigh NC 27607 Filename: 2007-1965 IaH (VIC 4 000 5 COO vfq?j SCL41P ]—ISM w (A)