20071909 Ver 1_Buffer Determination_20090109

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Ben W'illiams
Rivers and Associates, Inc.
P. O. Box 929
107 East 2nd Street
Greenville. NC 27834
Michael i i a,lc", t, ticmarr
l ilham G R is it , Scc ctbrg
N,srth C'ar'olina Nparuncn; of Ens ir"n.ttcni amid \aa:ral 3t? }un.
January 9. 2009
Coleen H Sullins. Director
Division of Water Quality
Chuck Watkild. P E , Deputy Director
Drv.sron of Water Quality
DWQ Project 2007-1909
Pitt County
Subject Property: Bent Creek; Greenville, NC
U"l to Greens Mill Run. Tar-Pamlico River Basin (43-03-05; NSW, C: 28-96)
On-Site Determination for Applicability to the Tar River Riparian Area Protection Rules
(15A NCAC 2B.0259)
Dear \Mr. ?Villiams;
At your request l conducted an on-site determination to review- features located on the subject
property for applicability to the Tar-Pamlico Buffer Rules (15A N CAC 21B .U'?-59). The features
are labeled as "2007-1$97" on the attached map initialed by me on January 9. 2009. The
property is located on the east aide of Skinner Street, approximately 0.3 miles south of the
intersection of Skinner Street and Dickinson Avenue. in Greenville. NC.
The Division of Water Quality (DWQ) has determined that the portion of the surface water
that is highlighted in pink and labeled on the attached map is ephemeral and NO'T
SUBJECT to the Tar-Pamlico 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 DNVQ (and
other relevant agencies) of this decision in any future correspondences concerning this property.
This on-site determination shalt expire five 0) years from the date of this letter.
Landowners or affected panics that dispute a determination trade by the D%VQ 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. D\VQ, 401 Oversighu'lixpress Review Permitting I Init,
2321 Crabtree Blvd.. Suite 250, Raleigh, NC 27604-2260. Individuals that dispute a
determination by the DWQ or Delegated Local Autho ity that "exempts" a surface water liom
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
\o h C arohn.t Di%isicm of 1A°atcr (;haslm ntemet: 20 err state % as
94,+ Wa hint rn tiquarc Mali Phone 252_15{6{2481
%'a,hmgton, NC 27 88?) FAX 252-cgr,-9215 ??``??
An EGuai dppWunirp AtfirmaM Anion Employer - 50% Recycierp10% Pas! vansurnser Paper Nb
Bent Creek
Paze 2 0l'?
Januarti 9. 2009
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. 07714 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 N titers of the State. If you have any additional questions or require additional information
please call me at [phone],
Sincerely.
(I I
Chris Pullinger:Enyironmental Specialist
Division of Water Quality
Surface Water Protection
Washington Regional Office
Enclosures: copy of page 41. 1974 version of the Pitt Count- Soil Survey
cc: DWQ 401 Oversight'I"Apress Unit
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