HomeMy WebLinkAbout20090054 Ver 2_Buffer Determination_20090204Beverly Eaves Perdue, Governor
O?O? W AT ?9pG
?? r
Environmental Professionals, Inc.
Attn: George Wood
PO Box 3368
Kill Devil Hills, NC 27948-3368
Dee Freeman, Secretary MV)
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
February 4, 2009
Subject. Property: Pitt-Greenville Airport
UT to Johnsons Mill Run, Tar-Pamlico Basin
303035,28-91, NSW, WS-IV
Chuck Wakild, P. E., Deputy Director
DWQ Project # 09-0054
Pitt County
On-Site Determination for Applicability to the Tar-Pamlico River Riparian Area
Protection Rules (15A NCAC 2B.0259)
Dear Mr. Wood:
On November 4, at your request I conducted an on-site determination to review three blue line
features located on the subject property for applicability to the Tar-Pamlico Buffer Rules (15A
NCAC 2B .0259). The features are labeled as "A, B, and C" on the attached map initialed by me
on 2/4/09.
At your request, I conducted an on-site determination as stated above. During my review I
evaluated the stream using the DWQ Stream Classification Form. I evaluated the stream reach
for features A, B, and C and calculated the score to be 10.25 points. The form states that if the
score is "greater than or equal to 19 points the stream is at least intermittent"
The Division of Water Quality (DWQ) has determined that the surface waters labeled as
"A, B, and C" on the attached map is not subject and is "Exempt" to the Tar-Pamlico
Buffer Rule. 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.enr.state.nc.us
943 Washington Square Mall Phone: 252-946-6481 One
Washington, NC 27889 FAX 252-946-9215 NorthCarolina
rir<-ureenvine Airport
Page 2 of 2
2/4/09
not start until the affected parry (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 State. If you have any additional questions or require additional information
please call Kyle Barnes at (252) 948-3917.
Sincerely,
Enclosures: USGS 1:24,000 Map
cc: DWQ 401 Oversight/Express Unit
File Copy
Jonas Hill, Pitt Co. Planning
Filename: 09-0054
7%. _
/
9
5
• 4'tLO? ? r 4 , l
•
Brown •
. -Ch .F.Ir. - i . ?t
•
Shape! 'X
ILW
` . ? f ,r'f ? 1` f `y r ?r._-,,,?, .:.?Y`-ice -? -... •+.+?!? 'A
` it 's ` "?.? .\ • ?• i 9
Park • \ t'? ^•
9 7
f
• Nark
R 6.5 r .` l 1 E
s ,
r
Plemin
_ ( • ?, ,.w 1s1PA r ?a
Z'?'' r •. Calv
r ary i
j.i •
_ Ch '
I_ ?• ._ (;? Clark
.40
„W. Bank
A 7.5
.,may.. ? , # . ?? ? ?j•J, E ? ? ? ?
'?' .1 -taw .yl. - d '! C ,. ? ` ? ` +J? ?Y- •. .
' O )
w y t?? ±? ?! fjfavr
North rolina Pit
.-..,,? Environmental ?, . ,
Y
,. h4i?Id?I18MCOfM11880 .w. °. :-,: - ;
4 ?
Whim of HamerOidty V, PITT -- GREENVILL
ForPan, •`tv Buffer r- AiRPORr
pub
r? of R ev 4 r i vary
,. .._ Ch
K l _ c •,
ti lend
i r .. • . -
e ?' ••
`? i .?'?`°'? . ` ?. ? . ? - ,.? 1, . ??? ? ' ,. ? ? + ? 1 ? ? • ••
._. - A _ ,-, ,.?? ``, 'a'a" ?r ?u. --per. ? ? ? ? •? r
LW.
Copyright (C) 1997, MaMeoh, Inc.