20090216 Ver 1_Buffer Determination_20090309

A *A
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
March 9, 2009
Cliff Tyson
Weyerhaeuser Timberlands
1785 Weyerhaeuser Rd.
New Bern, NC 28563
Subject Property: Weyerhaeuser Timberlands # 30911
UT to Swift Creek, Neuse River Basin
Pamlico County
Pagel of 2
On-Site Determination for Applicability to the Neuse River Riparian Area Protection Rules (15A NCAC
2B.0233)
Dear Mr. Tyson:
On March 6, 2009, at your request, I conducted an on-site determination to review an unnamed tributary to
Swift Creek located on the subject property for applicability to the Neuse Buffer Rules (15A NCAC 2B .0233).
The feature is labeled as "2009-0216" on the attached map initialed by me on March 6, 2009.
During my review I evaluated the feature using the DWQ Stream Classification Form and calculated the score
to be 18 points. The form states that if the score is "greater than or equal to 19 points the stream is at least
intermittent" and is subject to the Neuse Buffer Rules. If the score is less than 19 points the stream is ephemeral
and is not subject to the Neuse Buffer Rules.
The Division of Water Quality (DWQ) has determined that the surface water labeled as 112009-0216" on
the attached map is exempt and is not subject to the Neuse Buffer Rules. This feature and it's 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 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.
1319 S. Glenburnie Rd. Suite E.
New Bern, NC 28562
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748 One
Internet: wwo.ncwaterquality.org NorthCarolina
An Equal Opporlunity \ Affirmative Action Employer Nigtur"&
Dee Freeman
Secretary
DWQ Project # 2009-0216

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 (252) 946-
6481.
Sincerely,
Maverick Raber
Enclosures: USGS topographic 1/24,000 quadrangle map "Edward 35076-C8-TF-024"
cc: DWQ 401 Oversight/Express Unit
CAMA, Morehead City
File Copy
DWQ Project # 2009-0216
1319 S. Glenburnie Rd. Suite E.
New Bern. NC 28562 Olle
Phone: [phone] FAX. [phone] Customer Service: 1-877.623-6748 NorthCarolina
Internet: www.ncwaterquality.org Naturally
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