20111117 Ver 1_Buffer Determination_20120111

A
NCDENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Cliff Tyson
Weyerhaeuser Timberlands
1785 Weyerhaeuser Road
Vanceboro, NC 28586
Division of Water Quality
Charles Wakild, P. E.
Director
January 11, 2012
Subject Property: 28721 -11; Carteret County
UT to Garbacon Creek, Neuse River Basin
Dee Freeman
Secretary
DWQ # 11 -1117
Carteret County
On -Site Determination for Applicability to the Neuse River Riparian Area Protection Rules (15A
NCAC 2B .0233)
Dear Mr. Tyson:
On January 6, 2012, at your request I conducted an on -site determination to review unnamed
tributary (UT) to Garbacon Creek located on the subject property for applicability to the Neuse
Buffer Rules (15A NCAC 2B .0233). The feature is labeled as "11- 1117" on the attached map
initialed by me on January 11, 2012. The project is located approximately 1.70 miles northeast
of the intersection of Merrimon Bay Drive and SR 1300 ( Merrimon Road) in Carteret County, NC.
At your request, I conducted an on -site determination as stated above. During my review I
determined the feature is manmade ditch that is used for silvicultural land drainage and is not a
modified natural feature. Please note, I evaluated the stream reach 11 -1117 at N 34.97726, W
76.64892 and from the evaluation point to the northeast, the feature was not present. North
Carolina Administrative Code 15A NCAC 02B .0233 (8)(b)(ii) states "Ditches and manmade
conveyances other than modified natural streams which are used exclusively for drainage of
silvicultural land or natural forested areas" are exempt from the riparian are requirements."
The Division of Water Quality (DWQ) has determined that the feature labeled as "11- 1117" on the
attached maps, and highlighted in red is not subject to the Neuse Buffer Rules. The feature and
its 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
943 Washington Square Mall
Washington, NC 27889
Phone: 252 - 946 -6481 h FAX: [phone]
Internet: www rlmaterquality.orq
An Equal Opportunity 1 Affirmative Action Employer
NorthCarolina
Naturally

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. A
request for a determination by the Director shall be referred to the Director in writing c/o Karen
Higgins, 1650 Mail Service Center, Raleigh, NC 27699 -1650. 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 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 Anthony Scarbraugh in the Washington Regional Office at (252) 948 -3924.
Sincer ly,
k
For rl s VO' kill, P. E.
Attachment: USGS Topographic 1:24,000 Quadrangle Map "Merrimon"
cc: DWQ 401 /Wetland Express Unit
File Copy
Filename 11 -1117

Copyright (C) 1998, Maptech, Inc.

NC DWQ Stream Identification Form Version 4.11
Date: 'r Project/Site:
Evaluator:
,fir. County: Cr (Zr (�44r.
Total Points:
Stream is at least intermittent Stream Determination (circle one)
if a 19 or perennial if a 30' iv` l.'' Ephemeral Intermittent Perennial
&c i
Latitude: � y i 77Z4
Longitude:
Wp. r,,,y�z
Other
e.g. Quad Name: MQ/'rflno,,.p✓
H. veomor iiolo (Subtotal= )
Absent
Weak
Moderate
Strong
1 a. Continuity
of channel bed and bank
0
1
2
3
2. Sinuosity of channel along thalweg
1.5
1
2
0.5
3
15. Sediment on plants or debris
0
1
2
3
3. In- channel structure: ex. riffle -pool, step -pool,
0
0.5
1
1.5
ri le ool sequence
0
1
2
3
4. Particle size of stream substrate
0
1
2
3
5. Active /relict floodplain
0
1
2
3
6. Depositional bars or benches
0
1
2
0.5
7. Recent alluvial deposits
0
1
2
3
3
8. Headcuts
0
1
2
9. Grade control
0
0.5
1
3
1 5
10. Natural valley
D
0.5
1
1 5
11. Second or greater order channel
No = 0
Yes= 3
_. _. _..... ..... ... .. ...., �..,.. , .,c wOl.4 ul lb r manual
B. Hvdroloav (Stjhtntal =
12. Presence of Baseflow
0
1
2
3
13. Iron oxidizing bacteria
0
1
2
1
14. Leaf litter
1.5
1
2
0.5
3
15. Sediment on plants or debris
0
0.5
0
16. Organic debris lines or piles
0
0.5
1
1.5
17. Soil -based evidence of high water table?
No = 0
1
Yes = 3
1.5
C Rinlnnv =
0
0.5
1
18. Fibrous roots in streambed
3
2
1
0
19_ Rooted upland plants in streambed
3
2
1
20. Macrobenthos (note diversity and abundance)
0
1
2
0
21. Aquatic Mollusks
0
1
2
3
22. Fish
0
0.5
1
3
1.5
23. Crayfish
0
0 5
1
1.5
24. Amphibians
0
0.5
1
1-5
25. Algae
0
0.5
1
1.5
26. Wetland plants in streambed
FACW = 0.75,
OBL = 1.5 Other = 0
'perennial streams may also be identified using other methods. See p. 35 of manual.
Notes:
Sketch:
RiZ%�LIvVIGCr
1)L'rC�# ArIQ'r�e.t e Scu�hV- Ca�u�
nJ �r Wsft4 .id
na-To r

A*4*wA*w
NCDENR
North Carolina Department of Environment and Natu
Division of Water Quality
RECEIVED
DEC 2 1 2011
`ate —WARD
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Dto(or aO11_ ti 17
Governor Director Secretary
Stream Origin /Buffer Applicability Determination
Applicant/Owner's Name (corporation /individual who is legally responsible for the property and its compliance:
Cliff Tyson Weyerhaeuser Timberlands
Applicant/Owner Address: 1785 Weyerhaeuser Road Vanceboro, NC 28586
Applicant's phone number: 252- 229 -8328 Fax number: 252 -633 -7426
Applicant's email address: cliff.tyson @weyerhaeuser.com
Consultant /Contact person Name (if applicable):
Consultant address (if applicable):
Consultant's phone number:
Consultant's email address:
Name of Project:
— / I
Fax number:
Nearest Named stream i- River Basin (from USES topographic tnap):
Please provide a brief description of this project (attach site plan if available):
County:� � -/ e
Please attach a map of site location indicating project boundaries using USGS 1:24,000 topo map and NRC'S county soil survey.
Location of project site - please include reference to the county, nearest named town and highway number:
Has any DWQ staff visited the site? W' if yes, please provide DWQ staff name,
visit:
and date of
This form may be submitted via email (amy.adams�a ttcdenrr..gov) faxed (252- 946- 9215), mailed or hand - delivered to:
943 Washington Square Mall, Washington, NC 27889. (Note: Submittals of the review packages on hriday after 12:00 pot will
be stamped as received on the next business day).
Please contact Amy Adams at 252- 948 -3917 if you have any questions regarding this form,
North Carolina Division of Water Quality Internet: %%m%% nokateulualay org
943 Washington Square Mall Phone: [phone] One
Washington, NC 27889 FAX [phone] NorthCarolina
An Equal opportunitylAlfirmalNe Action Employer— 50% Recycled110% Post Consumer Paper Naturally

41.
IVVIWM�fNl IN,
fa q

L�o G-01 Rd
out
Ro ,,
Duncan
I
Bell Rd.
out ot4
Out fit
out
Ir 3111 ,13,
Pam's
kOOP Rd
GL
5811 r spur yy lee
qf J,-
out

Color Point
ta
ilk
. .� ,_ y y,. I I ..[�t•. ,fin, - —•..� ;:-
;•• 1
Dung
pwwemµi t y_ rl 1 ° /•.. ;+ 4�Sr. _., f51Tr. } .1�i►. `; .
It 1 out
it
Ilk
Mc
� .•� t .' 11 y �. f
SRN1321.�5.

WTT
Ag
*)40
Ag
it
A6A
it
II
it

_1-