20120926 Ver 1_Stream Call Letter_20121012

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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
October 12, 2012
Subject Property: 630044 -2012; Pamlico County
UT to Chappel Creek, Neuse River Basin
Dee Freeman
Secretary
DWQ # 12 -0926
Pamlico County
On -Site Determination for Applicability to the Neuse River Riparian Area Protection Rules (15A
NCAC 2B .0233)
Dear Mr. Tyson:
On October 11, 2012, at your request Anthony Scarbraugh conducted an on -site determination to
review an unnamed tributary (UT) to Chappel Creek located on the subject property for
applicability to the Neuse Buffer Rules (15A NCAC 2B .0233). The feature is labeled as "12- 0926"
on the attached map initialed by Mr. Scarbraugh on October 12, 2012. The project is located
approximately 0.80 miles north - northwest of the intersection of SR 1330 (Bell Point Road) and SR
1324 (Florence Road) in Pamlico 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 -0926 at N 35.15184, W 76.6459 and calculated the score to be 14.75 points.
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 features labeled as "12- 0926" 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: 252 - 946 -9215
Internet: www.ncwaterquality.orq
An Equal Opportunity 1 Affirmative Action Employer
One
Noi- thCarolina
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 1506 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.
Sincerely,
Gam/
For Charles Wakild, P. E.
Attachment: copy of page, 1987 version of Pamlico County Soil Survey
cc: DWQ 401 /Wetland Express Unit
File Copy
Filename 12 -0926

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