20140136 Ver 1_Stream Call Letter_20140211

40.
PFWA
NCDENR
North Carolina Department of Environment and
Division of Water Resources
Pat McCrory
Governor
Cliff Tyson
Weyerhaeuser Timberlands
1785 Weyerhaeuser Road
Vanceboro, NC 28586
Water Quality Programs
Thomas A. Reeder
Director
February 18, 2014
Subject Property: 560084 -2014; Lenoir County
UTs to Joshua Creek, Neuse River Basin
Natural Resources
John E. Skvarla, III
Secretary
DWQ # 14 -0136
Lenoir County
On -Site Determination for Applicability to the Neuse River Riparian Area Protection Rules (15A NCAC 2B
.0233)
Dear Mr. Tyson:
On February 14, 2014, at your request Anthony Scarbraugh conducted an on -site determinations to
review unnamed tributaries (UTs) to Joshua Creek located on the subject property for applicability to
the Neuse Buffer Rules (15A NCAC 2B .0233). The features are labeled as "14 -0136 A, 14 -0136 B and 14-
0136 U on the attached maps initialed by Mr. Scarbraugh on February 18, 2014. The project is located
approximately 2.1 miles southwest of the intersection of SR 1922 (Vine Swamp Road) and SR 1925
(Lightwood Knot Road) in Lenoir 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 reaches
14 -0136 A at N 35.13746, W 77.59843, 14 -0136 B at N 35.13269, W 77.59860, 14 -0136 C at N 35.13347,
W 77.60073 and found evidence that this is a man -made features are 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
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 features labeled as
"14 -0136, 14 -0136 B and 14 -0136 C' on the attached maps, and highlighted in red are not subject to
the Neuse 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
Water Quality Section
943 Washington Square Mall, Washington,- North Carolina 27899
Phone: 252 - 946.64811 FAX: [phone]
Internet:w .nmaler.oro
An Equal Opportunity \ Affirmative Action Employer

Cliff Tyson
Weyerhaeuser Timberlands
Stream Determination
Page 2 of 2
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 401 & Buffer Permitting 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,
David Ma G.
Regional Supervisor
DWR Water Quality Section
Washington Regional Office
Attachment: USGS Topographic 1:24,000 Quadrangle Map "Rivermont"
copy of sheet 28, 1977 version of Lenoir County Soil Survey"
cc: DWR 401 & Buffer Permitting Unit
File Copy
Filename 14 -0136

4ROLINA - SHEET NUMBER 28
R
N
O
Z
Q
Z
J
O
tt
Q
U
S
f
O
Z
F
Z
7
O
U
O
Z
w
J

• j f
k
�aaat= s�s3sa� ya'xt+�..��= ..a. :tls>•+s -'!sue \`` <w. -�
'•` 1 nc
\�1 fVi at�r Quc..l 1r��
Division of W i —
�
•
.� Fpt.
t . 21Y
r 01 14 -0136 C
4
1 �.s
1 d'~
4 �
f 4
i
ag etic cl nati
SCALE 1'.12000
1 0 100 200 300 400 500 600 700 800 900 YARDS
0 1000 2000 FEET
!
! 0 100 200 300 400 500 600 700 600 METERS
!
9.
Coovnoht(C)1998, Maotech. Inc