20081827 Ver 1_Buffer Determination_20090204

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Deveny caves reroue, governor
Dee Freeman, Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Chuck Wakild, P.E., Deputy Director
February 4, 2009
DWQ Project # 08-1827
Pitt County
Jeff Becker
1004 Glen Castle Way
Raleigh, NC 27606
Subject Property: North Pitt Road west of NC 11113
UT to Grindle Creek, Tar-Pamlico Basin
030305, 28-100, NSW, C
On-Site Determination for Applicability to the Tar-Pamlico River Riparian Area
Protection Rules (15A NCAC 2B.0259)
Dear Mr. Becker:
On January 7, 2009, at the request of Steve Mitchell I conducted an on-site determination to
review a blue line feature located on the subject property for applicability to the Tar-Pamlico
Buffer Rules (15A NCAC 213.0259). The feature is labeled as "A" 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
hi-lighted in blue on the attached map and calculated the score to be 20.75 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 water labeled as
"A" on the attached map is "Subject" to the Tar-Pamlico Buffer Rule, 15A NCAC 2B
.0259. This feature and it's 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 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: [phone] One
Washington, NC 27889 FAX [phone] NofthCarolina
Page 2 of 2
2/4/2009
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 State. If you have any additional questions or require additional information
please call Kyle Barnes at [phone].
Sincerel ,
Enclosures: USGS 1:24,000 map
cc: DWQ 401 Oversight/Express Unit
File Copy
Jonas Hill, Pitt County Planning
Steve Mitchell, 1813 Landcaster Drive, Garner, NC 27529
Filename: 08-1827
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