20210189 Ver 1_Denial_20210920

September 20, 2021

DWR # 20210189v1
Craven County
CERTIFIED MAIL: 7003 2260 0005 5380 9495
RETURN RECEIPT REQUESTED

City of New Bern
PO BOX 1129
New Bern, NC 28563
(Also delivered via email to [e-mail])

Subject: DENIAL OF BUFFER AUTHROIZATION APPLICATION
Martin Marietta Park Swim Beach

To Whom It May Concern,

On April 19, 2021, the Division of Water Resources (Division) received your application
requesting a Riparian Buffer Authorization Certificate pursuant to the Neuse River Riparian
Buffer Protection Rules (15A NCAC 02B .0714). Specifically, you requested an Authorization
with Minor Exception pursuant to 15A NCAC 02B .0611. Additional information was received on
April 27, 2021, and May 24, 2021. After reviewing the application and additional information
provided, the Division has determined that the proposed impact to riparian buffers does not
the meet all of the required provisions in 15A NCAC 02B .0611(c)(1). The project does not
comply with the following provisions:

15A NCAC 02B .0611(c)(1)(A) There are practical difficulties or unnecessary hardships that
prevent compliance with the riparian buffer protection requirements.

In your application, you stated that there is no alternative for accessing the quarries that will
not involve buffer impacts. The Division understands that accessing the quarry pool will
necessarily require impacts to the riparian buffer, however the Neuse River Riparian Buffer
Protection Rules allow for pedestrian access trail[s] and associated steps leading to a surface
water, dock, canoe or kayak access, fishing pier, boat ramp or other water dependent structure
in the Table of Uses at 15A NCAC 02B .0714(11)(p). You have failed to demonstrated how the
prevention of access via the specific means of a graded sand beach results in practical
difficulties or unnecessary hardships.

City of New Bern
Martin Marietta Park Swim Beach
Denial of Application
DWR #20210189 v1
Page 2 of 2

Therefore, the Division can not process your application as submitted and can not grant an
Authorization Certificate pursuant to 15A NCAC 02B .0611(b). Your Buffer Authorization
Application is hereby denied.

You may re-apply to the Division including a complete application package.

The Division’s decision can be contested as provided in Chapter 150B of the North Carolina
General Statutes by filing a Petition for a Contested Case Hearing (Petition) with the North
Carolina Office of Administrative Hearings (OAH) within sixty (60) calendar days. Requirements
for filing a Petition are set forth in Chapter 150B of the North Carolina General Statutes and Title
26 of the North Carolina Administrative Code. Additional information regarding requirements
for filing a Petition and Petition forms may be accessed at http://www.ncoah.com/ or by calling
the OAH Clerk’s Office at [phone].

One (1) copy of the Petition must also be served to the North Carolina Department of
Environmental Quality:

William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601

Please be aware that you have no authorization under Title 15A NCAC 02B .0611 or 15A NCAC
02B .0714, the Neuse River Riparian Buffer Protection Rules for this activity and any work done
within waters of the state or regulated Riparian Buffers may be a violation of North Carolina
General Statutes and Administrative Code. Please contact Rick Trone at 919-707-3631 or
[e-mail] if you have any questions or concerns.

Sincerely,

S. Daniel Smith, Director
Division of Water Resources Division

cc: Jon Swaim, McGill Associates (via email)
Emily Thompson, USACE Washington Regulatory Field Office (via email)
DWR WaRO - file copy
DWR 401 & Buffer Permitting Branch file

File: 20210189Ver1_MartinMariettaParkSwimBeach_Craven_MinorException_Denial