20090480 Ver 1_Buffer Determination_20090505

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue
Governor
Coleen H. Sullins
Director
Dee Freeman
May 5, 2009
DWQ Project # 2009-00480
Pitt County
City of Greenville
c/o David Brown, P. E.
P. O. Box 7207
Greenville, NC 27858
Subject Property: Convention Center streetscape - Greenville, NC
UT to Fork Swamp Canal, Neuse River Basin
On-Site Determination for Applicability to the Neuse River Riparian Area
Protection Rules (15A NCAC 2B.0233)
Dear Mr. Brown:
At your request I conducted an on-site determination to review a drainage feature located
on the subject property for applicability to the Neuse Buffer Rules (15A NCAC 2B
.0233). The feature is labeled as "2009-0480" on the attached map initialed by me on
May 5, 2009. The project is located on the south side of Greenville Boulevard,
approximately 0.2 miles west of the intersection of Greenville Boulevard SW and Hooker Road.
The Division of Water Quality (DWQ) has determined that the surface water
highlighted in pink and labeled as "2009-0480" on the attached map is EXEMPT to
the Neuse Buffer Rule. 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
North Carolina Division of Water Quality Internet: www.newaterquality.org
943 Washington Square Mall Phone: [phone]
Washington, NC 27889 FAX [phone]
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Page 2 of 2
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 State. If you have any additional questions or require
additional information please call Chris Pullinger at [phone].
Sincerely,
Chris Pullinger
Enclosures: copy of page 49, 1974 version of Pitt County Soil Survey
cc: DWQ 401 Oversight/Express Unit
Ben Williams, Rivers and Associates, P. O. Box 929, Greenville NC 27858
WaRO File Copy
Filename: 2009-0480
1
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