20110351 Ver 1_Buffer Determination_20110425

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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
April 25, 2011
Cliff Tyson
Weyerhaeuser Timberlands
1785 Weyerhaeuser Road
Vanceboro, NC 28586
Subject Property: 1153414164; Craven County
UT to Creek Canal; Neuse River Basin
DWQ Project # 11-0351
Craven County
On-Site Determination for Applicability to the Neuse River Riparian Area
Protection Rules (15A NCAC 2B.0233)
Dear Mr. Tyson:
On April 21s' 2011, at your request I conducted an on-site determination to review UT to
Creek Canal located on the subject property for applicability to the Neuse Buffer Rules
(15A NCAC 2B .0233). The feature is labeled as "11-0351" on the attached map
initialed by me on April 21st 2011.
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 N34.88970 W76.69068 and calculated the score to be 14.5 points. 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 Quality (DWQ) has determined that the surface water
labeled as "11-0351" on the attached map is exempt and is not subject to the Neuse
Buffer Rule 15A NCAC 2B.0233. 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.ncwaterauality.org
943 Washington Square Mall Phone: [phone] One
Washington, NC 27889 FAX [phone] r 0 hCarolina
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper l rally
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 [phone].
ely,
Since
?Jtill Paxson
Enclosures: USGS Topographic 1:24,000 Quadrangle Map "Merrimon", 1989
NRCS Craven County Soils Map Sheet No. 17
cc: DWQ 401 Oversight/Express Unit
CAMA, Morehead
File Copy
Filename: 11-0351
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Grave Sites - - Denied; Non-Exempt
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Nauss Area 2012 Final Harvest Candidate 1:15,840 MBN - 3110111
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Seed Yr: 1975 Pine CCF/Ac: 28.0 Cnty: Craven (S)
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