20100382 Ver 1_Buffer Determination_20100506

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
May 6, 2010
DWQ Project 42010-0382
Pamlico County
Cliff Tyson
Weyerhaeuser Timberlands
1785 Weyerhaeuser Road
Vanceboro, NC 28586
Subject Property: Weyerhaeuser, Olympia at 35.14842, 76.93756
1015-630424
On-Site Determination for Applicability to the Neuse River Riparian Area
Protection Rules (15A NC_'AC' 2B .0233)
Dear Mr. 'T'yson:
Can May 06, 2010, at your request I conducted an on-site determination to revievv UT to
Deep Run located on the subject property for applicability to the Neuse Buffer Rules
(I5A NCAC 2B .0233). The feature is labeled as "1015-630424" on the attached map
initialed by me on May 6, 2010.
At your request, I conducted an on-site determination as stated above. During my review
I evaluated the stream using the DWQ Stream Classification Form. I evaluated the
stream reach from GPS( 35.14842,76.93756) and calculated the score to be 12.25 points.
'rhe 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 "1015-630424" on the attached map is exempt and is not subject to the
Neuse Buffer Rule. 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.
North Carolina Division of water (Quality Internet: www.ncwatcryuahty.org
r,43 Washington SquareStall Phone. 252,94"481 On,.e?py,
Washington, N('27889 FAX 252-94(-"1215 Nor t11CG11'olitia
An Equal Oppottu 4i 'Affirmative Action Employer - 50% Recyrte&10% Post Consumer Paper Narfimallll
Page 2 of 2
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
inanner. 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 Chris Pullinger at [phone].
Sincerely,
Enclosures: USGS Topographic 1:24000 Quadrangle Map "Reelsboro"
NRCS Pamlico County Soils Map Sheet No. 2
cc, DWQ 401 OversightlExpress Unit
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