20120176 Ver 1_Buffer Determination_20120222

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P. E.
Governor Director
February 22, 2012
Cliff Tyson
Weyerhaeuser Timberlands
1785 Weyerhaeuser Road
Vanceboro, NC 28586
Subject Property: 550655; Jones County
UTs to Beaverdam Creek, Neuse River Basin
Dee Freeman
Secretary
DWQ # 12 -0176
Jones County
On -Site Determination for Applicability to the Neuse River Riparian Area Protection Rules (15A
NCAC 2B .0233)
Dear Mr. Tyson:
On February 21, 2012, at your request I conducted an on -site determination to review unnamed
tributaries (UTs) to Beaverdam Creek located on the subject property for applicability to the
Neuse Buffer Rules (15A NCAC 2B .0233). The features are labeled as "12 -0176 A and 12 -0176
B" on the attached maps initialed by me on February 22, 2012. The project is located
approximately 4.62 miles northwest of the intersection of SR 1002 (Ten Mile Ford Road) and U5
Highway 17 in Jones County, NC.
At your request, I conducted an on -site determination as stated above. During my review, I
evaluated the streams using the DWQ Stream Classification Form. I evaluated the stream reach
12 -0176 A at N 35.08335, W 77.27781 and calculated the score to be 13.25 points. The form
states that if the score is "greater than or equal to 19 points the stream is at least intermittent ". I
evaluated the stream reach 12 -0176 B at N 35,08345, W 77.27951 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 features labeled as "12 -0176 A and
12 -0176 B" on the attached maps, 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
North Carolina Division of Water Quality
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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
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 150E 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.
ince ly,
For Charle E.
Attachment: USGS Trenton Quad map
copy of page, 1981 version of Jones County Soil Survey
cc: DWQ 401/Wetland Express Unit
File Copy
Filename 12 -0176

Copyright {C} 1998, Maptech, Inc.

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