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Home My WebLink About20100192 Ver 1_Buffer Determination_20100319F-rA S= NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director Marchl9 , 2010 Dee Freeman Secretary DWQ Project # 2010-0192 Craven County Page 1 of 2 Cliff Tyson Weyerhaeuser Timberlands 1785 Weyerhaeuser Rd. New Bern, NC 28563 Subject Property: Weyerhaeuser Timberlands stand; Craven County, NC Unnamed tributary to Bachelor Creek, Neuse River Basin On-Site Determination for Applicability to the Neuse River Riparian Area Protection Rules (15A NCAC 2B.0233) Dear Mr. Tyson: On March 19, 2010, at your request, I conducted an on-site determination to review an unnamed tributary to Bachelor Creek located on the subject property for applicability to the Neuse Buffer Rules (15A NCAC 2B .0233). The feature is labeled as "2010-0192" on the attached map initialed by me on March 19,2010. During my review I determined the feature is a manmade ditch that is used for silviculture and drainage and is not a modified natural stream. North Carolina Administrative Code 15A NCAC 02B.0238 (8)(bxii) states "Ditches and manmade conveyances other than modified natural stream which are used exclusively for drainage of silviculture land or naturally forested areas" are exempt from the riparian area requirements. The Division of Water Quality (DWQ) has determined that the surface water labeled as "2010-0192" on the attached map is exempt to the Neuse Buffer Rules from its origin to its confluence with the UT to Bachelor Creek flowing south as indicated on the attached map. This feature 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. 1319 S. Glenburnie Rd. Suite E. New Bern, NC 28562 One Phone' 252-514-4748 \ FAX' 252-514-4903 \ Customer Service: 1-877-623-6748 NorthCarolina An Internet Equal v Opportunity ity \ 1 Affirmatio u A nnab%e A Ac cton Employer L NQ'turalllf 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 referral 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 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. Sincer --? Jaso Green Enclosures: 1984 NRCS Soil Survey of Craven County, North Carolina. Sheet Number 8. cc: DWQ 401 Oversight/Express Unit CAMA, Morehead City WaRO File Copy DWQ Project # 2010-0192 1319 S. Gleriburnie Rd. Suite E. New Bem, NC 28562 Phone: 252-514-4748 \ FAX 252-514-49031 Customer Service: 1-877-623-6748 One O hCaroliria Internet www ncvwaterr?uahiy org An Equal OptoxNndy I Affinnebw Acton Employer atura!!U North Carolina Division of `Hater Quality - Strearn Identification Form: Version 3.1 Evaluator: .? / (e E,,w SR L! ?py,Lp Longitude: -77 f 2- ?'otal '?oittt5 cr e / - :t ?` •,`,? f j'' '( 't `. .1? 4X ` /!? ? I1 ? ,`•3?r ,-.'T*'`.'.' •, `.,rte, ,? ? ? '? y ? ?? ? (, ?l J i ?1 c) `l? 4Sk _•.,e. ?•,T r 7 ? • { ?'?hb r r ?y j .. ?? 71F,JJJ/V / ?% l ' Z,1 )! P ,f 1, r, l .q 01 Al. ' •-I *ti ,/? (/!`'f %sai°?N ;tt ., ;/% ? l,?'?1 NPR""?$ #?' ? v O O.T '? ?- ,? `?? ? ,. r j • ?`'" ` `' ?J n. In ? v ? a e 4 t? '.? t t r r? O? V +• t r7 w` O I }Y? t) T .'_?? ; , 1 .411.)"• \ } k J ! '- ,