20130972 Ver 1_Stream Call Letter_20130917

AN a
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 Resources
Water Quality Programs
Thomas A. Reeder
Director
September 17, 2013
Subject Property: 300522 -2013; Beaufort County
UT to Boyd Creek, Tar - Pamlico River Basin
John E. Skvarla, III
Secretary
DWQ # 13 -0972
Beaufort County
On -Site Determination for Applicability to the Tar - Pamlico River Riparian Area Protection Rules (15A
NCAC 2B.0259)
Dear Mr. Tyson:
On September 16, 2013, at your request Anthony Scarbraugh conducted an on -site determination to
review unnamed tributary (UT) to Boyd Creek located on the subject property for applicability to the
Tar - Pamlico Buffer Rules (15A NCAC 2B .0259). The feature is labeled as "13 -0972' on the attached
maps initialed by Mr. Scarbraugh on September 17, 2013. The project is located approximately 0.41
miles northeast of the intersection of NC Highway 92 and SR 1343 (White Post Road) in Beaufort County,
NC.
At your request, Mr. Scarbraugh conducted on -site determination as stated above. During his review,
he evaluated the stream using the DWR Stream Classification Form. He evaluated the stream reach 13-
0972 at N 35.49947 W 76.85506 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 .0259 (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 form states that if the score is "greater than or equal to 19 points the stream is at
least intermittent.
The Division of Water Resources (DWR) has determined that the portion of the feature labeled as "13-
0972' on the attached maps, and highlighted in red are not 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 DWR (and other relevant agencies) of this decision in any
Water Quality Section
943 Washington Square Mall, Washington, North Carolina 27899
Phone: [phone] FAX: [phone]
Internet: www.navatenona
An Equal Opportunity 1 Affirmative Action Employer

Cliff Tyson
Weyerhaeuser Timberlands
Stream Determination
September 17, 2013
Page 2 of 2
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 DWR (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 DWR 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, DWR WeBSCaPe Unit, 1650 Mail Service Center,
Raleigh, NC 27699 -1650. Individuals that dispute a determination by the DWR 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. DWR 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, //�� ��
( ,id a6 -42M4
Amy Adams
Assistant Regional Supervisor
DWR Washington Regional Office
Attachments: USGS Topographic 1:24,000 Quadrangle Map "Bath'
copy of page, 1995 version of Beaufort County Soil Survey
cc: DWR Webscape Unit
File Copy
Filename 13 -0972

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Management Commission
Division of Water Quality
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