20140102 Ver 1_Stream Call Letter_20140203

FCDERRO
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Water Quality Programs
Pat McCrory Thomas A. Reeder John E. Skvarla, III
Governor Director Secretary
February 18, 2014
DWQ # 14 -0102
Lenoir County
Cliff Tyson
Weyerhaeuser Timberlands
1785 Weyerhaeuser Road
Vanceboro, NC 28586
Subject Property: 560036 -2014; Lenoir County
UT to Vine Swamp, Neuse River Basin
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 determination to
review unnamed tributary (UT) to Vine Swamp located on the subject property for applicability to the
Neuse Buffer Rules (15A NCAC 2B .0233). The feature is labeled as "14- 0102" on the attached map
initialed by Mr. Scarbraugh on February 18, 2014. The project is located approximately 0.07 miles
northeast of the intersection of SR 1919 (Joe Williams Road) and SR 1305 (Copeland Farm Road) in
Lenoir 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 14-
0102 at N 35.15491, W 77.52573 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
.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 feature labeled as "14-
0102' 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
Water Quality Section
943 Washington Square Mall, Washington, North Carolina 27899
Phone: [phone] FAX: [phone]
Internet: www.ncwater.om
An Equal Opportunity \ Affirmafive Action Employer

Cliff Tyson
Weyerhaeuser Timberlands
Stream Determination
Page 2 of 2
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 1508 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,
Vt / v
David May, P.G.
Regional Supervisor
DWR Water Quality Section
Washington Regional Office
Attachment: _ copy of sheet 29, 1977 version of Lenoir County Soil Survey" _-
cc: DWR 401 & Buffer Permitting Unit
File Copy
Filename 14 -0102

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