20130260 Ver 1_Buffer Determination_20130404

NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
Cliff Tyson
Weyerhaeuser Timberlands
1785 Weyerhaeuser Road
Vanceboro, NC 28586
Division of Water Quality
Charles Wakild, P. E.
Director
April 4, 2013
Subject. Property: 310199 -2013; Beaufort County
UT to Chocowinity Creek, Tar - Pamlico River Basin
John E. Skvarla, III
Secretary
DWQ # 13 -0260
Beaufort County
On -Site Determination for Applicability to the Tar - Pamlico River Riparian Area Protection Rules (15A NCAC 2B .0259)
Dear Mr. Tyson:
On April 2, 2013, at your request Anthony Scarbraugh conducted an on -site determination to review unnamed tributary
(UT) to Chocowinity Creek located on the subject property for applicability to the Tar - Pamlico Buffer Rules (15A NCAC 2B
.0259). The feature is labeled as "13- 0260" on the attached map initialed by Mr. Scarbraugh on April 4, 2013. The
project is located approximately 0.65 miles northeast of the intersection of SR 1128 (Haw Branch Church Road) and SR
1129 (Mill Road) in Beaufort 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 13 -0260 at N 35.42722, W
77.06984 and calculated the score to be 22.5 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 feature labeled as "13- 0260" on the attached map, and
highlighted in blue is subject to the Tar - Pamlico 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.
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
North Carolina Division of Water Qugfity
943 Washington Square Mall
Washington, NC 27889
Phone: 252 - 946 -6481 1 FAX: [phone]
Internet: www.ncwatemuality.gM
An Equal Opportunity 1 Affirmative Action Employer
NorthCarolina
;Vaturallry

Page 2 of 2
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,
ar,
For Charles Wakild, P. E.
Attachment: copy of page, 1995 version of Beaufort County Soil Survey
cc: DWQ Webscape Unit
Filename 13 -0260