20100900 Ver 1_Buffer Determination_20101028 (2)

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
October 28th, 2010
DWQ Project# 10-0900v2
Beaufort County
Cliff Tyson
Weyerhaeuser Timberlands
Vanceboro,NC 28586
Subject Property: 1037-310065A; Beaufort County
UT to Lewis Gut, Nevils Creek; Tar-Pamlico Basin
On-Site Determination for Applicability to the Tar-Pamlico River Riparian Area
Protection Rules(15A NCAC 2B .0259)
Dear Mr. Tyson:
On October 28th, 2010, at your request I conducted an on-site determination to review UT
to Nevil's Creek located on the subject property for applicability to the Tar-Pamlico
Buffer Rules (15A NCAC 2B .0259). The feature is labeled as "10-0900v2"on the
attached map initialed by me on October 28th, 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 located at N35.40950,W76.88817 and calculated the score to be 0 points.
The form states that if the score is "greater than or equal to 19 points the stream is at least
intermittent". The feature did not exist.
The Division of Water Quality(DWQ) has determined that the surface water
labeled as "10-0900v2" on the attached map is exempt and is not subject to the Tar-
Pamlico Buffer Rule(15A NCAC 2B .0259). 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,ncwatercuality.org
943 Washington Square Mail Phone: [phone] �TOne
Washington,NC 27889 FAX [phone] 1 V O h Carofiina
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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
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) 948-3920.
Sinncaerely,
Jill C Paxson
Enclosures: USGS Topographic 1:24000 Quadrangle Map "Blounts Bay"
NRCS Beaufort County Soils Map Sheet# 14
cc: DWQ 401 Oversight/Express Unit
File Copy
Filename: 104900v2

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