20081034 Ver 1_Buffer Determination_20081009

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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 Internet: h2o.enr.state.nc.us
943 Washington Square Mall Phone: [phone] One
Washington, NC 27889 FAX [phone] NorthCarohna
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper ;Vaturally
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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,
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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
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