20111118 Ver 1_Buffer Determination_20120111

North Carolina
Beverly Eaves Perdue
Governor
Cliff Tyson
Weyerhaeuser Timberlands
1785 Weyerhaeuser Road
Vanceboro, NC 28586
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NCDENR
Department of Environment and Natural Resources
Division of Water Quality
Charles Wakild, P. E.
Director
January 11, 2012
Subject Property: 21234 -11; Carteret County
UT to Back Creek, Neuse River Basin
Dee Freeman
Secretary
DWQ # 11 -1118
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 Back Creek located on the subject property for applicability to the Neuse Buffer
Rules (15A NCAC 2B .0233). The feature is labeled as "11- 1118" on the attached map initialed
by me on January 11, 2012. The project is located approximately 0.70 miles southwest of the
intersection of Osprey Point Road 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
evaluated the stream using the DWQ Stream Classification Form. I evaluated the stream reach
11 -1118 at N 34.90070, W 76.63013 and calculated the score to be 0 points. The feature was
not present. 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 feature labeled as "11- 1118" 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.
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
North Carolina Division of Water Quality
943 Washington Square Mall
Washington, NC 27889
Phone: 252 - 946 -6481 1 FAX: 252 - 946 -9215
Internet: wwwmwaterquality.orq
An Equal Opportunity 1 Affirmative Action Employer
NorthCarolina
Naturallrf

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.
incerel ,
For Charles Wakild, P. E.
Attachment: copy of page, 1987 version of Carteret County Soil Survey
cc: DWQ 401 /Wetland Express Unit
File Copy
Filename 11 -1118

10000 Feet
3 Kilometers
0 000
SHEET N0. 5 OF 21

NC DWQ Stream Identification Form Version 4.11
Date: TProjecvSite:
Evaluator:
Total Points:
Stream is at least intermittent
if z 19 or perennial if 2 30'
County
Stream Determination (circle one)
Ephemeral Intermittent Perennial
Latitude: 7
Longitude: ••1f ,
Other
e.g. Quad Name:
/-\. veomor polo (Subtotal = )
Absent
Weak
Moderate
Strong
a- Continuity
1 of channel bed and bank
0
1
2
1
2
2
1
2. Sinuosity of channel along thalweg
0
1
5
Yes= 3
3
3. In- channel structure: ex. riffle -pool, step -pool,
1.5
1
25. Algae
26. Wetland plants in streambed
2
3
ri le ool sequence
0
1
2
3
4. Particle size of stream substrate
0
1
2
5. Active /relict floodplain
0
1
2
3
3
6. Depositional bars or benches
0
1
2
7. Recent alluvial deposits
0
1
2
3
3
8: Headcuts
0
1
2
9. Grade control
0
3
0.5
1
1.5
10. Natural valley
0 0.5
1
11. Second or greater order channel
No = 0
1.5
Yes = 3
- - - - --- ---..-- _. _ u, IImlludl
B. Hydrology (Subtotal = )
12. Presence of Baseflow
0
3
2
1
3
13. Iron oxidizing bacteria
0
3
0
0
0
2
1
1
05
1
2
2
1
3
14. Leaf litter
15. Sediment on plants or debris
16. Organic debris lines or piles
17. Soil -based evidence of high water table?
1.5
0
0
EE
No = 0
5
Yes= 3
0
1.5
1 5
18. Fibrous roots in streambed
3
2
1
0
19_ Rooted upland plants in streambed
20. Macrobenthos (note diversity and abundance)
21. Aquatic Mollusks
22. Fish
3
0
0
0
2
1
1
05
1
2
2
1
0
3
3
1.5
23. Crayfish
24. Amphibians
0
0
0.5
0.5
1 1
1
1.5
1
25. Algae
26. Wetland plants in streambed
0
0.5 1
FACW - 0 75, OBL - 1.5 Other - 0
-5
1.5
'perennial streams may also be identified using other methods. See
p. 35 of manual.
Notes:
Sketch:

a 1;
NEW
North Carolina Department of Environment and Natu
Division of Water quality
RECEIVED
D EC 2 1
ral Resources
DWO.-WARO
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary DW 007 ?.61k — it t?
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): A
Consultant's phone number: _ Fax number:
Consultant's email address:
Name of Project: Z I Z _3 Lf I 1 County: e
Nearest Named stream + River Basin (from USGS topographic map):
Please provide a brief description of this project (attach site plan if available):
Please attach a map of site location indicating project boundaries using USGS 1:24,000 topo map and NRCS county soil survey.
Location of project site - please include reference to the county, nearest named town and highway number:
3
Has any DWQ staff visited the site? Nei , if yes, please provide DWQ staff name,
visit:
and date of
This form may be submitted via email (amy.adams ncdenr.gov). faxed (252- 946 - 9215), mailed or hand - delivered to:
943 Washington Square Mall, Washington, NC 27889. (Note: Submittals of the review packages on Friday after 12:00 pm 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 +++ +++ nc+ +at�[yualit}.c +tg
943 Washington Square Mall Phone: [phone]
Washington, NC 27889 FAX [phone]
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