20131278 Ver 1_Stream Call Letter_20131211

NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
Bill Ramsey
Ashley Park of New Bern, LLC
7000 Six Forks Road
Raleigh, NC 27615
Division of Water Resources
Water Quality Programs
Thomas A. Reeder
Director
December 12, 2013
John E. Skvada III
Secretary
DWQ EXP # 13 -1278
Craven County
Subject Property: Ashley Park of New Bem Site, 3560 MLK Blvd.
Neuse River Basin, Wilson Creek, Trent River [NEU 10, 27- 101 -37; NSW, C, Sw]
Issuance of On -Site Determination for Applicability to the Neuse River Riparian Area Protection Rules
(15A NCAC 2B.0233), Express Review
Dear Mr. Ramsey:
On December 12, 2013, at your request, Mr. Roberto Scheller of this Office conducted an on -site determination of
drainage features located at 3560 MLK Blvd. in New Bern, North Carolina. The drainages were reviewed for
applicability to the Neuse Buffer Rules (15A NCAC 2B .0233). The features are labeled as "#017, 018, 019, 020, and
021" on the attached maps and initialed on December 12, 2013.
The Division of Water Resources (DWR) has determined that the features labeled as "#017,018,019,020 and
#021" on the attached maps, and highlighted in red are not subject to the Neuse Buffer Rules. The stream
determination begins in a drainage way labeled as #017 on the attached maps (N 35° 05.431' W 77° 06.096') and
continues down gradient to a second point labeled as #018 (N 35° 05.942' W 77° 06.039') the drainage continues north to
point # 019 (N 35° 05.941'W 77° 06.040') and is marked on the ground with yellow DWQ flagging. The second
drainage feature begins at point #020 (N 35° 05.959' W 77° 06.214') and continues up gradient to the outlet of a culvert
labeled as point #021 (N 350 05.974' W 770 06.079'). All points are illustrated on the enclosed maps and marked on the
ground with yellow DWQ flagging.
The owner (or future owners) should notify the DWR (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 DWR 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 Karen Higgins, 1650 Mail Service Center
Raleigh, NC 27699 -1650. Individuals that dispute a determination by the DWR or Delegated Local Authority that
Water Quality Regional Operations Section
943 Washington Square Mall
Washington, NC 27889
Phone: [phone] \ FAX: [phone]
Internet www.ncwateniva6ty ag
An Equal OpporWnity 1 Affirmative Action Employer
ome
N Carolina
Natura!!tff

"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. DWR recommends that
the applicant conducts 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 Roberto Scheller in the Washington Regional Office at (252) 948-
3940.
Sipcerety,
ko}lF,/`l Jfl�-
For Thomas A. Reeder
Attachments: Craven County Soil Survey map
USGS New Bern Quad map
Goggle Earth map
cc: DWR Webscape Unit
DEMLR- WaRO
File Copy
Filename 13 -1278

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