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HomeMy WebLinkAbout20140103 Ver 1_Stream Call Letter_20140203e�� CCDEENR 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 February 18, 2014 Subject Property: 630900 -2014; Pamlico County UT to Ball Creek, Neuse River Basin John E. Skvarla, III Secretary DWQ # 14 -0103 Pamlico County On -Site Determination for Applicability to the Neuse River Riparian Area Protection Rules (15A NCAC 2B .0233) Dear Mr. Tyson: On February 17, 2014, at your request Anthony Scarbraugh conducted an on -site determination to review unnamed tributary (UT) to Ball Creek located on the subject property for applicability to the Neuse Buffer Rules (15A NCAC 2B .0233). The feature is labeled as "14- 0103" on the attached map initialed by Mr. Scarbraugh on February 18, 2014. The project is located south of intersection of Dogwood Lane and SR 1324 (Florence Road) in Pamlico 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- 0103 at N 35.14024, W 76.64031 and calculated the score to be 15 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 Resources (DWR) has determined that the portion of the feature labeled as "14- 0103" on the attached map, and highlighted in red is not subject to the Neuse 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 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) Water Quality Section 943 Washington Square Mall, Washington, North Carolina 27899 Phone: 252 - 946-64811 FAX: 252- 975 -3716 Internet: www.ncwaterora An Equal Opportunity \ Affirmative Action Employer Cliff Tyson Weyerhaeuser Timberlands Stream Determination Page 2 of 2 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 M P G Regional Supervisor DWR Water Quality Section Washington Regional Office Attachment: copy of sheet 4, 1977 version of Pamlico County Soil Survey` cc DWR 401 & Buffer Permitting Unit _File Copy__ Filename 14 -0103 Y. / AaA p Wa 5' _ l "6 AaA OF 41 AaA Imo. 1 1 1Windmill i2v AF Wa Point 1��'£ �� �F � - yylSmith Creek Point �i IPoerhouSe Point Fn_.... . Wa �E�Parch Curn _ Cirri 'S Bell AaA .- �~ Point YO 4 AaA \ AG /" W �,�, W� -71aM.OFMW \. j Y, Fa RIv eR Fo w.�