20130528 Ver 1_Stream Call Letter_20130520

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild, P. E. John E. Skvarla, III
Governor Director Secretary
May 20, 2013
DWQ # 13 -0528
Beaufort County
Cliff Tyson
Weyerhaeuser Timberlands
1785 Weyerhaeuser Road
Vanceboro, NC 28586
Subject Property: 310924; Beaufort County
UTs to Blounts Creek Tar - Pamlico River Basin
On -Site Determination for Applicability to the Tar - Pamlico River Riparian Area Protection Rules (15A NCAC 2B .0259)
Dear Mr. Tyson:
On May 20, 2013, at your request Anthony Scarbraugh conducted an on -site determination to review unnamed
tributaries (UTS) to Blounts Creek located on the subject property for applicability to the Tar - Pamlico Buffer Rules (15A
NCAC 2B .0259). The features are labeled as "13 -0528 A and 13 -0528 B" on the attached map initialed by Mr.
Scarbraugh on May 20, 2013. The project is located approximately 1.61 miles southwest of the intersection of NC
Highway 33 and SR 1106 (Trip Road)in Beaufort County, NC.
At your request, Mr. Scarbraugh conducted on -site determinations as stated above. During his review, he evaluated the
features using the DWQ Stream Classification Form. He evaluated the stream reach 13 -0528 A at N 35.35102, W
76.98283 and calculated the score to be 10.25 points. He evaluated the stream reach 13 -0528 B at N 35.35096, W
76.98287 and calculated the score to be 10.75 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 portion of the features labeled as "13 -0528 A and 13-
0528 B" on the attached map, and highlighted in red are not subject to the Tar - Pamlico Buffer Rules. The features 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
North Carolina Division of Water Quality
943 Washington Square Mall
Washington, NC 27889
Phone: 252 - 946 -6481 \ FAX: 252 - 946 -9215
Internet: www.ncwaterguality.org
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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,
6YX "1'ZG -o
For Charl Wakild, P. E.
Attachment: copy of page, 1995 version of Beaufort County Soil Survey
cc: DWQ Webscape Unit
File Copy
Filename 13 -0528

U. S. DEPARTMENT OF AGRICULTURE
901L CONSERVATION SERVICE