20150679 Ver 1_Buffer Determination_20150831 (2)

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NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
August 31, 2015
Cliff Tyson
Weyerhaeuser Timberlands
1785 Weyerhaeuser Road
Vanceboro, INC 28586
Subject Property: 310362 -2015; Beaufort County
UTs to Muddy Creek, Tar - Pamlico River Basin
Donald R. van der Vaart
Secretary
DWR # 15 -0679
Beaufort County
On -Site Determination for Applicability to the Tar - Pamlico River Riparian Area Protection Rules (15A NCAC
2B .0259)
Dear Mr. Tyson:
On August 28, 2015, at your request Anthony Scarbraugh conducted on -site determinations to review
unnamed tributaries (UTs) to Muddy Creek located on the subject property for applicability to the Tar -
Pamlico Buffer Rules (15A NCAC 2B .0259). The features are labeled as "15 -0679 A and 15 -0679 B" on the
attached map(s) initialed by Mr. Scarbraugh on August 31, 2015. The project is located approximately 0.63
miles east - southeast of the intersection of Spring Creek Road and Gum Lumber Road in Beaufort County,
NC.
At your request, Mr. Scarbraugh conducted on -site determinations as stated above. During his review, he
evaluated the streams using the DWR Stream Classification Form. He evaluated the stream reach "15 -0679
A" at N 35.31527, W 76.66931 and calculated the score to be 0 points. The feature was not present. He
evaluated the stream reach "15 -0679 B" at N 35.31723, W 76.67110 and calculated the score to be 0
points. The feature was not present. 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 features labeled as "15-
0679 A and 15 -0679 B" on the attached map(s), and highlighted in red are not subject to the Tar - Pamlico
Buffer Rules. The feature and the 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 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
Division of Water Resources - Water Quality Regional Operations Section - Washington Regional Office
943 Washington Square Mall, Washington, NC 27889
Phone: 252 - 946 -6481 1 Fax: [phone] Internet: www.ncdenr.gov
An Equal Opportunity 1 Affirmative Action Employer— Made in part by recycled paper

Cliff Tyson
Weyerhaeuser Timberlands
Stream Determination
Page 2 of 2
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 401 & Buffer Permitting 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 party (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,
Robert Tankard, Assistant Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDENR
Attachment: USGS Topographic 1:24,000 Quadrangle Map "South Creek'
cc: Laserfiche
File Copy
Filename 15 -0679

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