20090772 Ver 1_Buffer Determination_20090915

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
September 15, 2009
POHL, LLC
c/o Harvey R. Lewis
P. O. Box 30930
Greenville, NC 27833
DWQ Project # 2009-0772
Pitt County
Subject Property: Triniti House of Restoration; Greenville, NC
UT to Parker Creek; Tar-Pamlico River Basin
On-Site Determination for Applicability to the Tar-Pamlico River Riparian Area
Protection Rules (15A NCAC 2B .0259)
Dear Mr. Lewis:
At your request I conducted an on-site determination with Ben Williams of Rivers and
Associates 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-
0772" on the attached map initialed by me on September 15, 2009. The project is located
on the south side of SR 1579 (Industrial Boulevard), approximately 0.6 miles east of the
intersection of SR 1579 and SR 1527 (North Greene Street).
The Division of Water Quality (DWQ) has determined that the surface water
labeled as "2009-0772" on the attached map no longer exists within the project
boundaries, 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. A request for a determination by the
Director shall be referred to the Director in writing c/o Cyndi Karoly, DWQ, 401
North Carolina Division of Water Quality Internet: www.ncwalerqualitv.org
943 Washington Square Mall Phone: [phone] One
Washington, NC 27889 FAX [phone] NorthCarohna
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Page 2 of 2
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
Environmental Specialist
Enclosures: copy of a portion of page 34, 1974 version of Pitt County Soil Survey
cc: DWQ 401 Oversight/Express Unit
Pitt County Planning Department, Jonas Hill
WaRO File Copy
Filename: 2009-0772

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