20081034 Ver 1_Buffer Determination_20160205

Water Resources
ENVIRONMENTAL OUALITY
February 5, 2016
Craven County
Jack B, Veit, III, County Manager
406 Craven Street
New Bern, NC 28560
Subject Property: Creekside Park Playground
UT to Scotts Creek, Neuse River Basin
PAT MCCRORY
Govemor
DONALD R. VAN DER VAART
Secmmry
S. JAY ZIMMERMAN
Director
DWR # 08-1034 V2
Craven County
On -Site Determination for Applicability to the Neuse River Riparian Area Protection Rules (15A NCAC 2B
.0233)
Dear Mr. Veit:
On January 26, 2016, Anthony Scarbraugh at the request of your consultant James Withers of Rivers &
Associates, Inc. conducted on-site determination to review unnamed tributary (UT) to Scott Creek located
on the subject property for applicability to the Neuse Buffer Rules (15A NCAC 2B .0233). The feature is
labeled as "08-1034 V2" on the attached map(s) initialed by Mr. Scarbraugh on February 5, 2016. The
project is located at 1821 Old Airport Road, New Bern, Craven County, NC.
At your request, Mr. Scarbraugh conducted on-site determination as stated above. During his review, he
evaluated the stream using the Division of Water Resources (DWR) Stream Classification Form.
Feature
Not
Subject
E/I/P*
Start@
Stop@
Subject
to
to Buffers
Buffers
08-1034 V2
X
E
@ Flag 08-1034 V2 Begin
@ Flag 08-1034 V2 End
• E/I/P—Ephemeral/Intermittent/Perennial
The DWR has determined that the portions of feature labeled as "08-1034 V2" on the attached map(s),
and highlighted in red is not subject to the Neuse Buffer Rules. The feature and the associated buffers
should be identified on any future plans for this property. 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.
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
State of North Carolina I Environmental Quality I Water Resources—Water Quality Regional Operations—Washington Regional Office
943 Washington Square Mail, Washington, NC 27889
252-946-6481

Craven County
Jack B, Veit, III, County Manager
Stream Determination
Page 2 of 2
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, DWR 401 & Buffer Permitting Unit, 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 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 Anthony
Scarbraugh in the Washington Regional Office at [phone].
Sincerely,
'al —7,-4
Robert Tankard, Assistant Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ
Attachment: USGS Topographic 1:24,000 Quadrangle Map "New Bern"
cc: Laserfiche
File Copy
James Withers, PE, River & Associates, Inc. (via email: dwithers(@riversandassociates.com)
Filename 08-1034 V2

SCALE 1:12000
0 1000 2000 9000
Feet