20051749 Ver 1_Complete File_20050915

RCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Michael F. Easley, Governor
September20, 2005
William G. Ross, Jr., Secretary
Alan W. Klimek, P.E., Director
DWQ EXP# 2005-1749
#7003 3110 0002 0608 5521
Pitt County
Rivers and Associates,
Attn: Bryan Fagundus
PO Box 929
Greenville, NC 27835
Subject Property: Fed-Ex Ground/Fed-Ex Home Delivery Co-location
The Westmoreland Company, Inc.
Pitt County
UT to Parker Creek, Tar-Pamlico Basin
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iJt2 WXfFR QUALITY
?7?i,;g,?FiU STt;RIpWATER BRAN
On-Site Determination for Applicability to the Tar-Pamlico River Riparian Area Protection Rules
(15A NCAC 2B.0259)-EXPRESS REVIEW PROGRAM
Dear Mr. Fagundus:
On September 19, 2005, at your request Kyle Barnes of the Division of Water Quality (DWQ)
Washington Regional Office conducted an on-site determination to review three stream 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 Mr. Barnes on September 20, 2005.
The features are located north of the town of Greenville, NC on the south side of State Road 1579 and
west of NC 264 Bypass. The features appear on the Pitt County Soil Survey. The Division of Water
Quality (DWQ) has determined that the features labeled as "A and B" on the attached map are
Subiect to the Tar-Pamlico Buffer Rule. The feature labeled as "C" is an existing agricultural
drainage ditch and is Exempt from the Tar-Pamlico Buffer Rules. This decision only pertains to the
features on the subject 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 Wetlands/401 Unit, 2321 Crabtree Blvd., 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.
NCDENR
N. C. Division of Water Quality 943 Washington Square Mall Washington, N.C. 27889 Telephone [phone] FAX [phone]
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 further questions you may contact Kyle Barnes at 252-948-3917.
Sincerely'
AI Hodge/Regional uWashington Regional Office
Division of Water Quality
Attachments: Pitt County Soil Survey
cc: DWQ Central Regional Office
File Copy
Central Files
Mr. Bruce Puffer
Filename: 2005.1749

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Express BIMS #'s Needed
Subject: Express BIMS #'s Needed
From: Kyle Barnes <[e-mail]>
Date: Tue, 20 Sep 2005 09:11:58 -0400
To: Laurie Dennison <laurie [e-mail]>
CC: Lyn Hardison <[e-mail]>
From:
Kyle Barnes <[e-mail]>
Date:
Tue, 20 Sep 2005 09:08:25 -0400
To:
laurieQncmail.net
CC:
Lyn Hardison <[e-mail]>
49
Laurie,
I have two Express Stream calls I made yesterday that I need BIMS #'s for:
1) Project name: Fed-Ex Ground/ Fed-Ex Home Delivery Co-Location
Applicant: The Westmoreland Company, Inc
200 Randolph Avenue C'O
Huntsville, AL 35801
The call is in Pitt County and the agent is Bryan Fagundus with Rivers and
Associates, Inc --
sec name: Upton Tract Preliminary Plat
Applicant: Pitt County Memorial Hospital - ?? t-tG(?oNNL(... ^?
Doctors Park Building 1-C ! 5
Greenville, NC 27834
The call is in Pitt County, and the agent is Bryan Fagundus with Rivers and
Associates, Inc. C\t,,e?r UL.LLAa
If you need any more information please let me know.
Thank you,
Kyle
1 of 1 9/20/2005 1:08 PM