20140326 Ver 1_Stream Call Letter_20140404

NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Govemor
r
Robert M. Chiles, PE
Post Office Box 3496
New Bern, NC 28564 -3496
April 4, 2014
Subject Property: Gaston Boulevard Phase I, New Bern
Neuse River Basin, Jacks Smith Creek [NEU 10, 27 -100; C, Sw, NSW]
John E. Skvarla III
Secretary
DWQ # 14 -0326
Craven County
On -Site Determination for Applicability to the Neuse River Riparian Area Protection Rules (15A NCAC
2B .0233)
Dear Mr. Chiles:
On April 4, 2014, at your request, Mr. Roberto Scheller of this Office conducted an on -site determination of drainage
features located on the subject property. The drainage was reviewed for applicability to the Neuse Buffer Rules in
accordance with (15A NCAC 2B .0233). The feature is labeled as "A 1 to A 2" on the attached maps and initialed on
April 4, 2014.
The Division of Water Resources (DWR) has determined that the feature labeled as "A 1 to A 2" on the attached
maps and highlighted in red is not subject to the Neuse Buffer Rules. The stream determination begins at the back
fence comer (Site A 1) and continues up gradient to the end point (Site A 2) as illustrated on the attached 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
"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
Water Quality Regional Operations Section
943 Washington Square Mall
Washington, NC 27889
Phone: [phone] FAX: [phone]
Internet www.iicwaterquality.org
An Equal Opporlunily 1 Affirmative Action Employer

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-
1 3940.
Sincerely,
-"t ZL,,-
Robert Tankard
Assistant Regional Supervisor
Division of Water Resources
Attachments: Craven County Soil Survey map
USGS Quad map
Google Earth map
cc: DWR Webscape Unit
DEMLR- WaRO
File Copy
Filenamc 14 -0326

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