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Home My WebLink About20130976 Ver 1_Stream Call Letter_20130919NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor Cliff Tyson Weyerhaeuser Timberlands 1785 Weyerhaeuser Road Vanceboro, NC 28586 Division of Water Resources Water Quality Programs Thomas A. Reeder Director September 19, 2013 Subject Property: 300715 -2013; Beaufort County UT to Duck Creek, Tar - Pamlico River Basin John E. Skvarla, III Secretary DWQ # 13 -0976 Beaufort County On -Site Determination for Applicability to the Tar - Pamlico River Riparian Area Protection Rules (15A NCAC 2B.0259) Dear Mr. Tyson: On September 18, 2013, at your request Anthony Scarbraugh conducted an on -site determination to review unnamed tributary (UT) to Duck Creek located on the subject property for applicability to the Tar - Pamlico Buffer Rules (15A NCAC 2B .0259). The feature is labeled as "13- 0976" on the attached map initialed by Mr. Scarbraugh on September 19, 2013. The project is located approximately 0.50 miles northwest of the intersection of SR 1336 (Hawkins Beach Road) and SR 1334 (Camp Leach Road) in Beaufort County, NC. At your request, Mr. Scarbraugh conducted on -site determination as stated above. During his review, he evaluated the stream using the DWR Stream Classification Form. He evaluated the stream reach 13- 0976 at N 35.46891, W 76.86316 and found evidence that this is a man -made feature not constructed for the purposes of navigational access. North Carolina Administrative Code 15A NCAC 02B .0259 (8)(b)(ii) states "Ditches and manmade conveyances other than modified natural streams which are used exclusively for drainage of silvicultural land or natural forested areas" are exempt from the riparian are requirements." 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 Resources (DWR) has determined that the portion of the feature labeled as "13- 0976" on the attached map, and highlighted in red is not subject to the Tar - Pamlico Buffer Rules. The feature and its 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 Water Quality Section 943 Washington Square Mall, Washington, North Carolina 27899 Phone: 252- 946 -64811 FAX: 252- 975 -3716 Internet www.nmtef.org An Equal Opportunity 1 Affinalive Action Empbyer Cliff Tyson Weyerhaeuser Timberlands Stream Determination September 19, 2013 Page 2 of 2 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 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 WeBSCaPe 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 parry (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 1508 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 (252) 948 -3924. Sincerely, ai�nc7J (, iGi�LLYbI.� Amy AdYms Assistant Regional Supervisor DWR Washington Regional Office Attachment: USGS Topographic 1:24,000 Quadrangle Map "Bath" cc: DWR Webscape Unit File Copy Filename 13 -0976 � ys ti 4 - y y� 0 1 t • 1 ff \i t . nt r (� of Water uaGt % 4 ' . x r2 I r; 11 tco in offer f 13 -0976 j 13 i-ewed I>y rr 1r ,n I �S\ 1 _ h � XN 1 I- r: Sullivan Pt Cnov �Di�'` ^� --dam' �- --'/• .%f ��- ,�.. ^+� SCALE 1:12000 0 100 200 300 900 500 800 700 800 900 YARDS n0 1000 2000 FEET 0 100 200 300 900 500 800 700 800 METERS 1998, Maptech, IRO.