20090690 Ver 1_Buffer Determination_20090813

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WDENR
North Carolina Department of Environment and
Division of Water Quality
Beverly Eaves Perdue
Governor
Coleen H. Sullins
Director
August 13, 2009
Natural Resources
Dee Freeman
Secretary
DWQ Project # 2009-0690
Pitt County
David Brown
The City of Greenville, NC
200 West 5th Street
Greenville, NC 27858
Subject Property: Greenville West 5th Street Gateway Project; Greenville, NC
UT to Tar River, Tar-Pamlico River Basin
On-Site Determination for Applicability to the Tar-Pamlico River Riparian Area
Protection Rules (15A NCAC 2B.0259)
Dear Mr. Brown:
On July 9, 2009, at your request I conducted an on-site determination to review a
drainage feature located on the subject property for applicability to the Tar-Pamlico
Buffer Rules (15A NCAC 2B .0259). The feature is labeled as "2009-0690" on the
attached map initialed by me on August 10, 2009. The project is located at the corner of
Martin Luther King Jr. Drive (West 5th Street) and Memorial Boulevard (NC HWY 11).
A field determination revealed that the feature in question has been piped, and is no
longer in existence as a surface water. Therefore, the Division of Water Quality
(DWQ) has determined that the surface water labeled as "2009-0690" on the
attached map is non-existent and is NOT SUBJECT to the Tar-Pamlico Buffer Rule.
This feature and its 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.
North Carolina Division of Water Quality Internet: www.ncwaterciualitv.org
943 Washington Square Mall Phone: [phone]
Washington, NC 27889 FAX [phone]
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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 Chris Pullinger at [phone].
Sincerely,

Chris Pullinger
Enclosures: page 41, 1974 version Pitt County Soil Survey
1:24,000 scale USGS topographic map, Greenville SW quadrangle
cc: DWQ 401 Oversight/Express Unit
Pitt County Planning Department
WaRO File Copy
Filename: 2009-0690
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