20151194 Ver 1_Buffer Determination_20151118

North Carolina Department of Environmental Quality
Pat McCrory
Governor
November 18, 2015
Cliff Tyson
Weyerhaeuser Timberlands
1785 Weyerhaeuser Road
Vanceboro, NC 28586
Subject Property: 413041 -2015; Craven County
Ut to Deep Branch, Neuse River Basin
Donald R. van der Vaart
Secretary
DWR p 15 -1194
Craven County
On -Site Determination for Applicability to the Neuse River Riparian Area Protection Rules (15A NCAC 2B
.0233)
Dear Mr. Tyson:
On November 13, 2015, at your request Anthony Scarbraugh conducted on -site determination to review an
unnamed tributary (Ut) to Deep Branch located on the subject property for applicability to the Neuse Buffer
Rules (15A NCAC 2B .0233). The feature is labeled as "15- 1194" on the attached map(s) initialed by Mr.
Scarbraugh on November 18, 2015. The project is located approximately 0.92 miles north - northwest of
intersection of Wolfendon Loop Road and Clarks Road in Craven 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 "15- 1194"
at N 35.12958, W 77.19103 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 feature labeled as "15-
1194" on the attached map(s), and highlighted in red is not subject to the Neuse 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 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-
Division of Water Resources - Water Quality Regional Operations Section - Washington Regional Office
943 Washington Square Mall, Washington, NC 27889
Phone: 252 - 946-64811 Fax: 252 - 975 -37161 Internet: www.ncdenr.gov
An Equal Opportunity l Afirmabve Action Employer— Made in part by recycled paper

Cliff Tyson
Weyerhaeuser Timberlands
Stream Determination
Page 2 of 2
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 1506
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, NCDEQ
Attachment: copy of sheet 8, 1989 version of Craven County Soil Survey
cc: Laserfiche
File Copy
Filename 15 -1194

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