20120260 Ver 1_Buffer Determination_20120409

Al"IWA �
WDENR
North Carolina Department of Environment and Natural Resources
Division of Water. Quality
Beverly Eaves Perdue Charles Wakild, P. E.
Governor Director
April 9, 2012
Cliff Tyson
Weyerhaeuser Timberlands
1785 Weyerhaeuser Road
Vanceboro, NC 28586
Subject Property: 560077 -2012; Lenoir County
UT to Bearwell Branch Creek, Neuse River Basin
Dee Freeman
Secretary
DWQ # 12 -0260
Lenoir County
On -Site Determination for Applicability to the Neuse River Riparian Area Protection Rules (15A
NCAC 2B .0233)
Dear Mr. Tyson:
On April 3, 2012, at your request Anthony Scarbraugh conducted an on -site determination to
review unnamed tributary (UT) to Bearwell Creek located on the subject property for applicability
to the Neuse Buffer Rules (15A NCAC 2B .0233). The feature is labeled as "12- 0260" on the
attached map initialed by Mr. Scarbraugh on April 9, 2012. The project is located approximately
0.58 miles northwest of the intersection of SR 1922 (Vine Swamp Road) and SR 1921 (Elm Grove
Road) in Lenoir County, NC.
At your request, Mr. Scarbraugh conducted an on -site determination as stated above. During his
review, he evaluated the stream using the DWQ Stream Classification Form. He evaluated the
stream reach 12 -0260 at N 35.11369, W 77.59290 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- 0260" on the
attached map, 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 1 FAX: [phone]
Internet: www.ncwaterquality.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 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 Anthony Scarbraugh in the Washington Regional Office at (252) 948 -3924.
lCharle ,
For akild,
Attachments: USGS Topographic 1:24,000 Quadrangle Map "Comfort"
cc: DWQ 401 /Wetland Express Unit
File Copy
Filename 12 -0260

NC DWQ Stream Identification Form Version 4.11
Date: ProjectSite: I Q Latitude: ( r :, r
Evaluator: County: r < Longitude: ,► !-
`2' tj
Total Points:
Stream is at least intermittent Stream Determination (circle one) Other
if z 19 or perennial if 2 30' i., Ephemeral Intermittent Perennial e.g. Quad Name:
r,.. touUtutal = )
Absent
0
Weak
1
Moderate
2
Strong
3
1a Continuity of channel bed and bank
2. Sinuosity of channel along thalweg
3_ In- channel structure: ex. riffle -pool, step -pool,
ripple-pool sequence
0
0
1
1
2
2
3
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
& Headcuts
0
1
2
3
9. Grade control
0
0.5
1
1.5
10. Natural valley
0
0.5
1
1.5
1 1. Second or greater order channel
No= 0
Yes = 3
R Hvdrnlnnv l.ciihfnfal c Vvv vN11Y1V4'
12. Presence of Baseflow
0
1
2
3
13. Iron oxidizing bacteria
0
1
2
3
14. Leaf fitter
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 1
0.5
1 1
1 1.5
17. Soil -based evidence of high water table?
No = 0
Yes = 3
- - 1 -1-J.Y k. UWLUial -___ I
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
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:
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dot *AT
t
d -r
Michael F. Faslcy, Governor
William G. Ross Jr., Secretary
North Carolina Department of linvironment and Natural Resources
Stream Origin Determination
Colleen Sullins, Director
Division of Water Quality
Applicant /Owr:er's Name (corporation/individual who is legally responsible for the property and its compliance
We erhaeuser Timberlands
Applicant/Owr-er Ad Jlress: 1785 Weyerhaeuser Road Vanceboro, NC 28586
Applicant's plane number: _ 252- 633 -7482 Fax number: 252- 633 -7426
Applicant's email address: [e-mail] __
Consultant'Contact person Name (if applicable): -NA—.-
Consultant address (if applicable):
Consultant's pltone number: __
Consultant's email address:
Fax number:
Name of Project: S6 dd —ZCa I County:
Nearest Named stream + River Basin (from USGS topographic map):
Please provide a brie; 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 1NRCS 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? t\10 if yes, please provide DWQ staff name,
and date of visit:
This forth may be submitted via email (chris.pullinger ncmail.n41 faxed (252- 946 - 9215), mailed or hand - delivered to:
943 Washiagton Square Mall, Washington, NC 27889. (Note: Submittals of the review packages on Friday after 12:00 pin wilt
be stamped as received on the clean business day).
Please contact Chris Pullinger at 252- 948 -3920 if you have any questions regarding this forth.
?F-CENIED
MAR 1 4 2012 10
V V -iR®
North Carolina Div::ior. of Water Quality Internet h2o.enr.state.nC.us
943 Washington Square Mall Phonc: 252- 946 -6481
Washington, NC 27889 FAX [phone]
An Equal OpportunitylAtfirmative Action Employer --50% Recydedtl0% Post Consumer Paper
NorthCai olina
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