20120108 Ver 1_Buffer Determination_20120214

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N+CDENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Division of Water Quality
Charles Wakild, P. E. Dee Freeman
Director Secretary
February 14, 2012
DWQ # 12 -0108
Craven County
Cliff Tyson
Weyerhaeuser Timberlands
1785 Weyerhaeuser Road
Vanceboro, NC 28586
Subject Property: 25330 -2012; Craven County
Ut to Adams Creek Canal, Neuse River Basin
On -Site Determination for Applicability to the Neuse River Riparian Area Protection Rules (15A
NCAC 2B.0233)
Dear Mr. Tyson:
On February 10, 2012, at your request I conducted an on -site determination to review unnamed
tributary (Ut) to Adams Creek Canal located on the subject property for applicability to the Neuse
Buffer Rules (15A NCAC 2B .0233). The feature is labeled as "12- 0108" on the attached map
initialed by me on February 14, 2012. The project is located approximately 3.14 miles north of
the intersection of NC Highway 101 and New Bern Road in Craven 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
12 -0108 at N 34.87449, W 76.70030 and found evidence that this is a man -made feature not
constructed for the purposes of navigational access. 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 "12- 0108" on the
attached map, and highlighted in red are 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 \ FAX: 252 - 946 -9215
Internet: wwwmwaterquality.orq
An Equal Opportunity \ Affirmative Action Employer
NorthCarolina
Naturallff

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.
incerely,
Fo C arles ,
Attachments: USGS Core Creek Quad map
cc: DWQ 401 /Wetland Express Unit
File Copy
Filename 12 -0108

Miollael F. I ?aslcy, Oo%,'Arrnor
William 6, Ross JI., Secretary
North Carolina I)epartmenj of Environment and Natural Resources
Stream Origin Determination
Colleen Sullins, Director
Division of Water Quality
Applicant/Owner's Name (corporation/individual who is legally responsible for the property and its compliance
We eL
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§Vj- beria
Applicant/Owner Address: 1785 Weyerhaeuser gad Yanceboro NQ 28580
Applicant's phone number,: SZ-633-7482 Fax number: —252 -633- 7426
Applicant's email address: cjff—Ay—sonod wgyerhkempy.—c9—m_
Consultant /Contact person Name (if applicable): —NA-- "'D
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Consultant address (if applicable): . .....
Consultant's phone number: Fax number,
Consultant's email address: ------
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Name of Prqject: 5- 3 3o County: ("Arf --Q7WAKU
Nearest Named stream + River Basin (from USGS topographic map): I)Wuk lot a — 6 1 0a-
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, IJ4-�-3 ------
Please provide a brief description of this project (attach site plan if available):
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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:
C-
4 6 4
Has any DWQ staff visited the site? VO if yes, please provide DWQ staff name,
and date of visit:
This form may be submitted via email (cliris.pullitlgcr@.nciiiail.ne�t faxed (252-946-9215), mailed or hand-delivered to:
943 Washington Square Mail, Washington, NC 27889, (Note: Submittals (?f the review packages on Friday after 12:00 pill will
be stamped as received on the next business day).
Please contact Chris Pullinger at 252-948-3920 if you have any questions regarding this form.
North Carolina Division of Water Quality Internet, h2o.encstaleAc.us One
943 Washington Square Mail Phone: [phone]
Washington, NC 27889 FAX [phone] N IhCarofina
An Equal Opportunitylkitirmative Action Employer — 50% Recycled/10% Post Consumer Paper 611va"frallb,

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NC DWQ Stream Identification Form Version 4.11
Date: p I,a i'
Project/Site:
Latitude:
u
Evaluator.
County:
Lon nude:
Total Points:
1
.2
Stream is at least intermittent
Stream Determination circle one
� )
Other
if z 19 or perennial if 2 30'
Ephemeral Intermittent Perennial
e.g. Quad Name: (-,*4
A.. Geomorphology (Subtotal = }
1a. Continuity of channel bed and bank
Absent
0
Weak
1
Moderate
2
Strong
3
2. Sinuosity of channel along thalweg
0
1
.2
3
3. In- channel structure: ex. riffle -pool, step -pool,
ripple-pool 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
3
7. Recent alluvial deposits
0
1
2
3
8. Headcuts
0
1
2
3
9. Grade control
0
0.5
1
1.5
10. Natural valley
0
0.5
1
1.5
11. Second or greater order channel
i, Aif'k I t d'
No = 0
'yes= 3
es are no ra e , see discussions in manual
B. Hydrology Subtotal =
12. Presence of Baseflow
0
1
2
3
13. Iron oxidizing bacteria
0
1
2
3
14. Leaf litter
1.5
1
0.5
0
15. Sediment on plants or debris
.0
0.5
1
1.5
16. Organic debris lines or piles
0
0.5
1
1 5
17. Soil -based evidence of high water table?
No = 0
Yes = 3
18. Fibrous roots in streambed
3
2
1
0
19_ Rooted upland plants in streambed
3
2
1
0
20. Macrobenthos (note diversity and abundance)
0
1
2
3
21. Aquatic Mollusks
0
1
2
3
22. Fish
0
0.5
1
1.5
23. Crayfish
0
0.5
1
1.5
24. Amphibians
D
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: