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Home My WebLink About20120925 Ver 1_Stream Call Letter_20121012NCDENR 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: 630346 -2012; Pamlico County UT to Dawson Creek, Neuse River Basin Dee Freeman Secretary DWQ # 12 -0925 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 Dawson Creek located on the subject property for applicability to the Neuse Buffer Rules (15A NCAC 2B .0233). The feature is labeled as "12- 0925" on the attached map initialed by Mr. Scarbraugh on October 12, 2012. The project is located approximately 0.10 miles west of the intersection of SR 1302 (Janiero Road) and Hardison Lee Farm 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 -0925 at N 34.99513, W 76.77167and 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- 0925" 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 \ FAX: 252 - 946 -9215 Internet: www.ncwaterquality.orq An Equal Opportunity \ Affirmative Action Employer One NorthCarofina 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. Sincerely 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 -0925 North Carolina Ern it -ntal Management Comr. .pion Division of Water t' ality Fob W6' 6 JU n Buffer Reviewed by A S INSET B 3000 AND 5000 -FOOT GRID TICKS N 10000 Feet i 745 000 FEET 000 r )0 ", 3 °00'00" 000 t: