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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.