20130971 Ver 1_Stream Call Letter_20130919

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 19, 2013
Subject Property: 300375 -2013; Beaufort County
UTs to Harvey Creek, Tar - Pamlico River Basin
John E. Skvada, III
Secretary
DWQ N 13 -0971
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 18, 2013, at your request Anthony Scarbraugh conducted an on -site determination to
review unnamed tributaries (UTs) to Harvey Creek located on the subject property for applicability to
the Tar - Pamlico Buffer Rules (15A NCAC 2B .0259). The features are labeled as "13 -0971 A, 13 -0971 B
and 13 -0971 C' on the attached maps initialed by Mr. Scarbraugh on September 19, 2013. The project is
located approximately 2.62 miles east of the intersection of NC Highway 99 and US Highway 264 East in
Beaufort County, NC.
At your request, Mr. Scarbraugh conducted on -site determinations as stated above. During his review,
he evaluated the streams using the DWR Stream Classification Form. He evaluated the stream reach 13-
0971 A at N 35.51469, W 76.85775 and calculated the score to be 19.25 points. The form states that if
the score is "greater than or equal to 19 points the stream is at least intermittent. He evaluated the
stream reaches 13 -0971 B at N 35.51546, W 76.85609, 13 -0971 C at N 35.51748, W 76.85901 and found
evidence that these are man -made features 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 Division of Water Resources (DWR) has determined that the portion of the feature labeled as "13-
0971 A" on the attached maps, and highlighted in blue Is subject to the Tar - Pamlico Buffer Rules. The
portion of the features labeled as "13 -0971 B and 13 -0971 C" on the attached maps, and highlighted in
Water Quality Section
943 Washington Square Mall, Washington, North Carolina 27899
Phone: [phone] FAX: [phone]
Internet: www.ncwatecora
An Equal Opportunity 1 Minerva Action Employer

Cliff Tyson
Weyerhaeuser Timberlands
Stream Determination
September 19, 2013
Page 2 of 2
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 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.
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,
Amy Adams
Assistant Regional Supervisor
DWR Washington Regional Office
Attachments: USGS Topographic 1:24,000 Quadrangle Map "Pinetown"
copy of page, 1995 version of Beaufort County Soil Survey
cc: DWR Webscape Unit
File Copy
Filename 13 -0971

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