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HomeMy WebLinkAbout20211038 Ver 1_Buffer Determination_20210722ROY COOPER Governor ELIZABETH S. BISER Secretary S. DANIEL SMITH Director W. Frank Cayton 4501 Moncks Court New Bern, North Carolina 28562 NORTH CAROLINA Environmental Quality July 22, 2021 2021-1038 v1 Craven County Subject: On -Site Determination for Applicability to Neuse Riparian Buffer Rules (15A NCAC 02B .0714) Subject Property/ Project Name: Derby Park, Phase Seven Address/Location: 4329 Elizabeth Avenue, New Bern NC (Craven County Parcel #8-244-4000) Stream(s) Evaluated: (1) — UTs to Neuse River, Class SC, Sw, NSW; Stream Index 27-96; Neuse River Basin Determination Date: June 29, 2021 Staff: Chris Pullinger, Tina Martin Determination Type: Buffer: Stream: // Neuse (15A NCAC 02B .0714) ❑ Intermittent/Perennial Determination ❑ Tar -Pamlico (15A NCAC 02B .0734) ❑ Catawba (15A NCAC 02B .0614) ❑ Jordan (15A NCAC 02B .0267) (governmental and/or interjurisdictional projects) ❑ Randleman (15A NCAC 02B .0724) ❑ Goose Creek (15A NCAC 02B .0605-.0608) Stream E/I/P* Not Subject Subject Start@ Stop@ Soil Survey USGS Topo 2021-1038 v1 A No stream present/E (wetland) X 2021-1038 v1 A Start 2021-1038 v1 A Finish X *E/I/P = Ephemeral/Intermittent/Perennial The Division of Water Resources has determined that the streams listed in the table above and included on the attached map have been located on page 09 of the most recent published (1989) NRCS Soil Survey of Craven County, North Carolina and/or the most recent copy of the USGS National Map (https://apps.nationalmap.gov/viewer) and evaluated for applicability to the Neuse Riparian Buffer Rules. Each feature that is checked "Not Subject" and highlighted on the attached maps in "red" has been determined to be either man-made in nature, ephemeral, or not present on the property. Features that are checked "Subject" and highlighted on the attached maps in "blue" have been located on the property and possess characteristics that qualify them to be at least natural intermittent streams. There may be other streams or features located on the property that do not appear on the maps referenced above but may be considered waters of the State and jurisdictional according to the US Army Corps of Engineers and subject to the Clean Water Act. 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 may request a determination by the Director. An appeal request must be made within sixty (60) calendar days of date of this letter to the Director in writing. £ D_E NORTH CAROLINA Department of Environmental puali� North Carolina Department of Environmental Quality I Division of Water Resources Washington Regional Office 1943 Washington Square Mall I Washington, North Carolina 27889 252.946.6481 If sending via US Postal Service: c/o Paul Wojoski DWR — 401 & Buffer Permitting Unit 1617 Mail Service Center Raleigh, NC 27699-1617 If sending via delivery service (UPS, FedEx, etc.): c/o Paul Wojoski DWR — 401 & Buffer Permitting Unit 512 N. Salisbury Street Raleigh, NC 27604 This determination is final and binding as detailed above unless an appeal is requested within sixty (60) days. This determination only addresses the applicability to the buffer rules and does not approve any activity within the buffers or waters. The project may require a Section 404/401 Permit for the proposed activity. Any inquiries regarding applicability to the Clean Water Act should be directed to the US Army Corps of Engineers Washington Regulatory Field Office at (910)-251-4629. If you have questions regarding this determination, please feel free to contact Chris Pullinger at (252) 948-3918. Sincerely, Rottil Te0,14,04( CC: Robert Tankard, Assistant Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ Bobby Billingsley, PE; Thomas Engineering, PA (via e-mail: bobbybillingsley@thomasengineeringpa.com) Emily Thompson, USACE-SAW Washington Field Office (via e-mail) Randall Jones, WaRO-DEMLR (via e-mail) DWR Laserfiche North Carolina Department of Environmental Quality 1 Division of Water Resources Washington Regional Office 1 943 Washington Square Mall 1 Washington, North Carolina 27889 252.946.6481 NORTH CAROLINA Department M Environmental pualit Nolte Caroline Env! . Management Commission Division of Water Resou . For Neuse Basin Butter Date 21 July 22 Reviewed by DWR Project #2021-1038 vl North Carolina Department of Environmental Quality I Division of Water Resources Washington Regional Office 1943 Washington Square Mall I Washington, North Carolina 27889 252.946.6481 NORTH CAROLINA Department M Environmental pualit 42021-1038.v1 A, North Carolina Department of Environmental Quality I Division of Water Resources Washington Regional Office 1943 Washington Square Mall I Washington, North Carolina 27889 252.946.6481 NORTH CAROLINA Department M Environmental pualit