20101044 Ver 1_Buffer Determination_20110215

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H• Sullins Dee Freeman
Governor Director Secretary
February 15, 2011
Cliff Tyson
Weyerhaeuser Timberlands
1785 Weyerhaeuser Road
Vanceboro, NC 28586
DWQ Project # 10-1044
Craven County
Subject Property: 1034-410496; Craven County
UTs to Snake Hole Branch, Neuse River Basin
On-Site Determination for Applicability to the Neuse River Riparian Area
Protection Rules (15A NCAC 2B.0233)
Dear Tyson:
On February 8, 2011, at your request I conducted an on-site determination to review
unnamed tributaries to Snake Hole Branch located on the subject property for
applicability to the Neuse Buffer Rules (15A NCAC 2B.02333). The features are
labeled as "10-1044a and 10-1044c" on the attached map initialed by me on February 15,
2011. The project is located approximately 1.6 miles east of the intersection of SR 1273
(Powell Road) and NC Highway 55 in Craven County, NC.
At your request, I conducted an on-site determination as stated above. During my review
I evaluated the streams using the DWQ Stream Classification Form. I evaluated the
stream reaches 10-1044a and 10-1044c and calculated the score to be 14.5 and 11.5
points, respectively. 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 "10-1044a and 10-10440 on the attached map are ephemeral and are not
subject to the Neuse River Buffer Rule. These features 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
North Carolina Division of Water Quality Internet: www.ncwaterqualityorg
943 Washington Square Mall Phone: [phone] One
Washington, NC 27889 FAX [phone] NorthCarohna
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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 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].
Sineerely,
Ant
o carbraugh
t, 1
Div ion Of Water Quality
S ace Water Protection
Was ington Regional Office
Enclosures: copy of page, 1989 version of Craven County Soil Survey
cc: DWQ 401 Oversight/Express Unit
WaRO File Copy
Filename: 10-0144
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