2008119 Ver 1_Buffer Determination_20081112

F W ATF Michael F. Easley, Governor
William G. Ross Jr., Secretary
C? North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
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€ ; ;W~ Division of Water Quality
November 12, 2008
DWQ EXP# 08-1619
Pitt County
Baldwin & Janowski, PA
Mr. Sean Owens
1015 Conference Drive
Greenville, NC 27858 NOV 17 2008
Subject Property: University Medical Park Section 4, Lot IF DENR-WATER QUALITY
WETLANDS AND STORMWATER BRANCH
UT to Green Mill Run Creek, Tar-Pamlico River Basin
On-Site Determination for Applicability to the Tar-Pamlico River Riparian Area
Protection Rules (15A NCAC 2B.0259)-EXPRESS REVIEW PROGRAM
Dear Mr. Owens:
On November 5, 2008, at your request, this project went from the regular review process into the
Express Review program. The required Express fee was received in this Office on November 7,
2008. An on-site determination to review stream features located on the subject property for
applicability to the Tar-Pamlico Buffer Rules (15A NCAC 213.0259) was conducted. The
feature is labeled as "08-1619A and 08-161913" on the attached maps initialed by me on
November 12, 2008.
The Division of Water Quality (DWQ) has determined that the feature labeled as "08-1619A to
08-161913" on the attached maps is subject to the Tar-Pamlico Buffer Rule. This stream and its
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 John Domey, 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. 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
401 Oversight/ Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: http://h2o.enr.state.nc.us/ncwetlands
Noe Carolina
Naturally
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
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 Roberto Scheller in the Washington Regional Office at [phone] or Amy
Chapman in the Raleigh Central Office at [phone].
)incerely,
For Coleen H. Sullins
Attachments: Pitt County Soil Survey map
USGS Greenville SW Quad map
Google Earth map
cc: DWQ 401 /Express Raleigh Central Office
File Copy
Filename 08-1619

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