20081721 Ver 1_Buffer Determination_20081125

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Chuck Wakild, P.E., Deputy Director
Division of Water Quality
November 21, 2008
DWQ EXP# 08-1721
Pitt County
Baldwin & Janowski, PA
Mr. Sean Owens
1015 Conference Drive
Greenville, NC 27858
Subject Property: River Hills Sanitary Sewer Outfall, V-Slew Pump Station & Force Main
UT to Tar River, 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 20, 2008, at your request I conducted an on-site determination to review drainage features
located on the subject property for applicability to the Tar-Pamlico Buffer Rules (15A NCAC 2B .0259).
Mr. Kevin Eberle was on-site at the time of the stream determination. The features are labeled as "08-
1721A and 08-1721B" on the attached maps initialed by me on November 21, 2008.
The Division of Water Quality (DWQ) has determined that the feature labeled as "08-1721A and
08-1721B" (highlighted in red) on the attached maps is not subject to the Tar-Pamlico Buffer Rule.
Please note that the pond, the two-subject drainage features flow into, and the related stream discharging
from the pond (highlighted in blue on the attached maps) are subject to the Tar-Pamlico Buffer Rules.
This pond, discharging stream, and 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 Dorney, 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
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
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: httl)://h2o.enr.state.nc.us/ncwetlands
NorthCarolina
Naturally
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
State. If you have any additional questions or require additional information please call Roberto Scheller
of the Washington Regional Office at 252-948-3940 or Amy Chapman in the Raleigh Central Office at
919-715-6823.
Sincerely,
For Co11een H.? ullins
Attachments: Pitt County Soil Survey map
USGS Greenville SE Quad map
Google Earth map
cc: DWQ 401/Express Office
File Copy
V-Slew, LLC
Filename 08-1721

North Carolina Environmental
Management Commission
Divi51 n Of Water Quality
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Date 11121/2008 Caption: River Hijis Sanitary Sewer Outfall, V-Sieve Pump Station Force
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