20090738 Ver 1_Buffer Determination_20090709

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p PLANNING & DEVELOPMENT DEPARTMENT
DEVELOPMENT SERVICES BUILDING
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o� GREENVILLE,NORTH CAROLINA 27834-1696 JAMES F.RHODES,AICP
cng TELEPHONE: [phone] DIRECTOR
FAX: [phone]
@69--1 19 MR#ect#PC09-013
JUL 9 2009 PC09-014
PC09-015
DEWR-wATER QuAun Pitt County
WETLAWN AND SnOR1QiY IR9pANCM Page 1 of 2
Tucker Farms, Inc
2579 Seven Pines Road
Greenville, NC 27834
Subject Property: Parcels 71580 and 27256
On-Site Determination for Applicability to the Tar-Pamlico River Riparian Area
Protection Rules (15A NCAC 2B .02059)
Dear Sir or Madam:
On July 1, 2009, at your request I conducted an on-site determination to review features located
on the subject property for applicability to the Tar-Pamlico Buffer Rules (15A NCAC 2B
.02059). The feature is labeled as "09-013"and "09-014"on the attached map initialed by me on
July 6, 2009.
The Pitt County Planning Department has determined that the surface water labeled as
"09-013" on the attached map and is highlighted in blue is subject to the Tar-Pamlico
Buffer Rule. The surface water labeled as "09-014" on the attached map and is highlighted
in red is considered exempt from the Tar-Pamlico Buffer Rule The surface water labeled
as "09-015" on the attached map and is highlighted in red is considered exempt from the
Tar-Pamlico Buffer Rule. The owner(or future owners) should notify Pitt County(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.
At your request, I conducted an on-site determination as stated above. During my review I
evaluated the features using the DWQ Stream Classification Form. I evaluated the stream reach
labeled as "09-013", highlighted in blue and calculated the score to be 39.5 points. The form
states that if the score is "greater than or equal to 19 points the stream is at least intermittent".
Therefore,the feature, which is highlighted in blue on the attached USGS Topographical Map is
considered to be subject to the Tar-Pamlico Buffer Rules. I evaluated the stream reach labeled as
"09-014", highlighted in red and calculated the score to be less than 19 points. The form states
that if the score is "greater than or equal to 19 points the stream is at least intermittent".
Therefore,the feature, which is highlighted in red on the attached USGS Topographical Map is

considered to be exempt from the Tar-Pamlico Buffer Rules. I evaluated the stream reach
labeled as "09-015", highlighted in red and calculated the score to be less than 19 points. The
form states that if the score is "greater than or equal to 19 points the stream is at least
intermittent". Therefore, the feature, which is highlighted in red on the attached USGS
Topographical Map is considered to be exempt from the Tar-Pamlico Buffer Rules.
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
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 me at [phone].
Sincerely,
Bryan Jone ,
Planner I
CBJ
Enclosures: USGS Topo Map
cc: Jonas Hill, Pitt County Planning Department
Amy Chapman, Division of Water Quality
Kyle Barnes, DWQ Washington Regional Office
Wetland Solutions, LLC
File Copy
Filename: PC09-013
PC09-014
PC09-015

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