20120054 Ver 1_Buffer Determination_20120120

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
January 20, 2011
John Spain
Flamingo Development LLC
1321 Commerce Drive
New Bern NC 28560
DWQ Project # 12 -0054
Craven County
Subject Property: 1113 Chelsea Road, New Bern NC
UT to Wilson Creek [NEU10, 27- 101 -37; C, Sw, NSW]
On -Site Determination for Applicability to the Neuse River Riparian Area
Protection Rules (15A NCAC 2B .0233)
Dear Mr. Spain:
On January 12, 2012, I conducted an on -site determination to review the blue line feature
that is a UT to Wilson Creek located on the subject property for applicability to the Neuse
River Buffer Rules (15A NCAC 2B .0233). The stream is labeled as "12- 0054A ", "12-
0054B", and "12- 0054C" on the attached map initialed by me on January 20, 2012. The
project is located at 1113 Chelsea Road in New Bern, NC
During my review I evaluated the stream using the DWQ Stream Classification Form. I
evaluated the stream reach "A" and calculated the score to be 39 points, stream reach "B"
and calculated the score to be 37.5 points, and stream reach "C" and calculated the score
to be 38.5 points. The form states that if the score is "greater than or equal to 19 points
the stream is at least intermittent ".
The Division of Water Quality (DWQ) has determined that the surface water
labeled as "12- 0054a, 12- 0054b, and 12- 0054c" on the attached map is perennial and
is SUBJECT to the Neuse River Buffer Rule. This perennial stream 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.
North Carolina Division of Water Quality Internet: www ncwaterquality..org
943 Washington Square Mall Phone: [phone] One
Washington, NC 27889 FAX [phone] NorthCarolliina
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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 Karen Higgins, DWQ, Wetlands,
Buffers, Stormwater, Compliance and Permitting Unit (WBSCP) Mail Service Center,
Raleigh, NC 27699 -1650. 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 Amy Adams at (252) 948 -3917 or Amy Chapman in
our Central Office at (919) 807 -6400.
Enclosure: Buffer Applicability Map
cc: Beverly Strickland, Webscape Unit
WaRO File Copy
Amy Chapman, Webscape Unit
Clark Wright, 209 Pollock Street New Bern NC
Si cere y,
Al Hodael
Division of Water Quality
Surface Water Protection
Washington Regional Office
Filename: 12 -0054 1113Chelsea StreamDet /aa

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