20081034 Ver 1_Buffer Determination Request_20160125

PAT MCCRORY
Gore.,
JAN %SIMALD R. VAN DER VAART
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WaterQualiryRa9lotlat see,etary
Water Resources S. JAY ZIMMERMAN
ENVIRONMENTAL QUALITY GF rpgone 110110:6en
V40 nDWR Use Only: Project # Qj:p y VZ
Stream Origin/Buffer Applicability Determination
Required Information
1. Owner Information (corporationfindividual who is legally responsible for the property and its compliance)
1 a. Name(s) on Recorded Deed
Craven County
1 b. Responsible Party (for LLC)
Jack B. Veit, III, County Manager
1c. Mailing Address
406 Craven Street, New Bern, NC 28560
1d. Telephone Number
[phone]
le. Email Address
[e-mail]
2. Location of Project Site - please include the county, nearest named town and highway number:
Craven County, New Bern Township, located at 1821 Old Airport Road.
3. Has anyone from DWR visited the site?
Y / NQ
I Staff Name
I
Date of Visit?
I Neuse
Additional Requested Information
4. Agent/Consultant Information (if applicable)
4a. Name, Company
James "Dan" Withers, PE, Rivers & Associates, Inc.
4b. Mailing address
PO Box 929, Greenville, NC 27835
4c. Telephone no.
[phone]
4d. Email address
dvnthers(o)riversandassociates.com
5. Project and Site Information
5a. Name of project
Creekside Park Playground
51b. County
Craven
5c. Nearest Named Stream
Scotts Creek/Brice Creek
5d. River Basin
I Neuse
5e. Provide a brief description of this project (attach site plan if available):
Please attach a map of the site indicating project boundaries on the USGS 1:24,000 Topo and/or NRCS Soil Survey.
If you are unable to locate either of these maps, please contact the Regional Office for assistance.
DWR Use Only: Is this stream call for the purpose of. _ buffer mitigation nutrient offset credit
Please return form to: Anthony Scarbraugh
943 Washington Square Mall
Washington, NC 27889 Note: Submittals on Friday after 12:00 pm
will be stamped as received on the
Fax: [phone] next business day.
Email: anthonv.scarbrauch(drIcdenr.gov,
Please contact Anthony Scarbraugh at [phone] if you have any questions.
State or North Carolina I Environmental Quality l Water Resourees—Water Quality Regional Operations—Washington Regional Office
943 Washington Square Mail, Washington, NC 27889
252-946-6481

-' Negarolwport
PLAYGROUND P CT LIMITS
TOTAL DISTURBED ARE 2 AC OR LESS
4:
-IZREEKSIDE PARK
USGS The National Map National Boundaries Dataset, National Elevation
Dataset, Geographic Names Information System, National Hydrography
0 750 1,500 2,250 3,000 Dataset, National Land Cover Database, National Structures Dataset, and
National Transportation Dataset; U.S. Census Bureau - TIGER/Line: HERE
F -F Road Data
PROJECT LOCATION MAP
CRAVEN COUNTY, NORTH CAROLINA CREEKSIDE PARK PLAYGROUND pVym

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Michael F. Easley, Governor
William G. Ross Jr, Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
Chuck Wakild, P.E.. Deputy Director
Division of Water Quality
October 9, 2008
DWQ Project # 2008-1034
Craven County
Page 1 of 2
Patrick K. Baker
Natural Resource Conservationist
Craven SWCD
302 Industrial Drive
New Bern, NC 28562
Subject Property: Creekside Park
Brice's Creek, Neuse River Basin
On -Site Determination for Applicability to the Neuse River Riparian Area Protection Rules
(15A NCAC 2B.0233)
Dear Mr. Baker:
At your request I conducted an on-site determination to review a feature located on the subject
property for applicability to the Neuse Buffer Rules (15A NCAC 2B .0233). The feature is
labeled as "2008-1034" on the attached map initialed by me on October 9, 2008.
The Division of Water Quality (DWQ) has determined that the portion of the surface water
that is circled, highlighted in blue and labeled as "2008-1034" on the attached map is
Subject to the Neuse Riparian Buffer Rule. The portion of the feature that is highlighted in
pink on the attached map is Exempt from the Neuse Buffer Rule. This feature 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.
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 Cyndi Karoly, DWQ, 401 Oversight/Express Review Permitting Unit,
2321 Crabtree Blvd., Suite 250, Raleigh, NC 27604-2260. 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
North Carolina Division of Water Quality Inlemet h2o.enrstate.no.us
943 Washington Square Mall Phone: [phone]
Washington, NC 27889 - FAX [phone]
An Equal OpportunitylAffrmative Action Employer- 50% Recycled/100/6 Post Consumer Paper
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Natura!!t,

Page 2 of 2
October 9, 2008
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 Chris Pullinger at [phone].
Sincerely,
Chris Pullinger
Environmental Specialist
Enclosures: copy of New Bern quadrangle, 1:24,000 scale USGS topographic map
cc: DWQ 401 Oversight/Express Unit
U. S. Army Corps of Engineers, Washington Regulatory Office
File Copy
Central Files
Filename: 2008-1108

NC DWR Stream Identification Form Version 4.11
Date: lr V b
Project/Site: f�.h•;y V,
Latitude:
Evaluator: AVT4a.A w�
County:
Longitude:
Total Points:
Stream Determination (circle one)
Other VI"rJ5t;-fjr_L
Stream is at least intermittent
A
Ephem ral Intermittent Perennial
e.g. Quad Name:
if> 19 or perennial if 2t 30' N
2
3
A. Geomorphology (Subtotal = )
Absent
Weak
Moderate
Strong
1a. Continuity of channel bed and bank
0
1"
2
3
2. Sinuosity of channel along thalweg
0
1
2
3
3. In -channel structure: ex. riffle -pool, step -pool,
ripple -poo sequence
0
1
2
3
4. Particle size of stream substrate
0
1
2
3
5. Active/relict floodplain
0
1
2
3
6. Depositional bars or benches
0
1
2
3
7. Recent alluvial deposits
0
1
2
3
8. Headcuts
0
1
2
3
9. Grade control
0
0.5
1
1.5
10. Natural valley
0
0.5
1
1.5
11. Second or greater order channel
No = 0
Yes = 3
a artificial ditches are not rated; see discussions in manual
B. Hvdroloov (Subtotal = )
12. Presence of Baseflow
0
1
2
3
13. Iron oxidizing bacteria
0
1
2
3
14. Leaf litter
1.5
1
0.5
0
15. Sediment on plants or debris
0
0.5
1
1.5
16. Organic debris lines or piles
0
0.5
1
1.5
17. Soil -based evidence of high water table?
0
No = 0
Yes = 3
1.5
C. Bioloov (Subtotal =
18. Fibrous roots in streambed
3
2
1
0
19. Rooted upland plants in streambed
3
2
1
0
20. Macrobenthos (note diversity and abundance)
0
1
2
3
21. Aquatic Mollusks
0
1
2
3
22. Fish
0
0.5
1
1.5
23. Crayfish
0
0.5
1
1.5
24. Amphibians
0
0.5
1
1.5
25. Algae
0
0.5
1
1.5
26. Wetland plants in streambed
FACW = 0.75,
OBL = 1.5 Other = 0
'perennial streams may also be identified using other methods. See p. 35 of manual.
Notes:
Sketch:
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