HomeMy WebLinkAbout20090011 Ver 1_Buffer Determination_20090106?F W A.TFi Michael F. Easley, Governor
William G. Ross Jr., Secretary
t ,P f North Carolina Department of Environment and Natural Resources
O 1; r Coleen H. Sullins, Director
Division of Water Quality
t,Y + Chuck Wakild, P.E., Deputy Director
Division of Water Quality
January 6, 2009
DWQ Project # 2009-0011
Craven County
Pagel of 2
Jan Parker
Craven County Parks and Recreation Director
406 Craven St.
New Bern, NC 28560
Subject Property: Latham Whitehurst Nature Park; Broad Creek Road Bridgeton, NC
Ur to Broad Creek, Neuse River Basin; (NSW; SC;Sw) 27-106-(4)
On-Site Determination for Applicability to the Neuse River Riparian Area Protection Rules
(15A NCAC 2B.0233)
Dear Ms. Parker:
On January 6, 2009, at your request I conducted an on-site determination to review an unnamed
tributary located on the subject property for applicability to the Neuse Buffer Rules (15A NCAC
2B.0233). The feature is labeled as "2009-0011" on the attached map initialed by me on
January 6, 2009.
At your request, I conducted an on-site determination as stated above. During my review I
evaluated the stream using the DWQ Stream Classification Form. I evaluated the stream reach
upstream from the confluence with Broad Creek and calculated the score to be 15 points. The
form states that if the score is "greater than or equal to 19 points the stream is at least
intermittent".
The Division of Water Quality (DWQ) has determined that the surface water labeled as
"2009-0011" on the attached map is ephemeral and is NOT SUBJECT to the Neuse Buffer
Rule. This feature and it's 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
North Carolina Division of Water Quality Intemet: h2o.enr.state.m.us
943 Washington Square Mall Phone: 252-946-6481 ?TOne
Washington, NC 27889 FAX 252-946-9215 1V o hCarolina
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Latham Whitehurst Nature Park
Page 2 of 2
January 6, 2009
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 parry (including downstream and adjacent landowners) is notified of
this decision. DWQ 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 Chris Pullinger at (252) 946-6481.
Sincerely,
Jason Green
Enclosures: page 13, 1989 version of the Craven County NRCS Soil Survey
cc: DWQ 401 Oversight/Express Unit
CAMA, Morehead
WaRO File Copy
Filename: 2009-0011
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