20140114 Ver 1_Stream Call Letter_20140220

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Pat McCrory
Governor
Water Quality Programs
Thomas A. Reeder
Director
March 7. 2014
Cliff Tyson
Weyerhaeuser Timberlands
1785 Weyerhaeuser Road
Vanceboro, NC 28586
Subject Property: 560059 -2014; Lenoir County
Alligator Canal, Eagle Swamp, and UTs to Eagle Swamp, Neuse River Basin
John E. Skvarla, III
Secretary
DWQ # 14 -0114
Lenoir County
On -Site Determination for Applicability to the Neuse River Riparian Area Protection Rules (15A NCAC 2B .0233)
Dear Mr. Tyson:
On February 20, 2014, at your request Anthony Scarbraugh conducted an on -site determinations to review a
tributaries known as Alligator Canal and Eagle Swamp, and unnamed tributaries (UTs) to Eagle Swamp located on
the subject property for applicability to the Neuse Buffer Rules (15A NCAC 2B .0233). The features are labeled as
"14 -0114 A, 14 -0114 B, 14 -0114 C, 14 -0114 D, 14 -0114 E, 14 -0114 F, and 14 -0114 G" on the attached maps
initialed by Mr. Scarbraugh on March 4, 2014. The project is located approximately 0.64 miles north - northwest of
the intersection of SR 1721 (Canady Road) and SR 1722 (Lafayette 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 -0114 A at N
35.36337, W 77.48720, 14 -0114 C at N 35.36301, W 77.49152, 14 -0114 D at N 35.36126, W 77.49161 and
calculated the scores to be 0 points. He evaluated the stream reach 14 -0114 G at the point N 35.35284, W
77.49255 to point 35.34796 N, 77.48746 W and calculated the score to be 0 points. The features were not
present. He evaluated the stream reaches 14 -0114 B at N 35.36302, W 77.48843 and 14 -0114 F at 35.36094 N,
77.49091 W 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" He evaluated the stream reach
14 -0114 E at N 35.36124, W 77.49176 and calculated the score to be 41.5 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 -0114 E"
on the attached maps, and highlighted in blue is subject to the Neuse Buffer Rules. The portion of the features
labeled as "14 -0114 A, 14 -0114 B, 14 -0114 C, 14 -0114 D, 14 -0114 F and 14 -0114 G' 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
Water Quality Regional Operations Section
943 Washington Square Mall, Washington, North Carolina 27899
Phone: [phone] FAX: [phone]
Internet: www.ncwater.oro
An Equal Opportunity 1 Affirmative Action Empbyer

Cliff Tyson
Weyerhaeuser Timberlands
Stream Determination
Page 2 of 2
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 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,
David May, P. .
Regional Supervisor
DWR Water Quality Section
Washington Regional Office
Attachments: USGS Topographic 1:24,000 Quadrangle Map "Grifton"
copy of sheet 7, 1977 version of Lenoir County Soil Survey"
cc: DWR 401 & Buffer Permitting Unit
-- File Copy
Filename 14 -0114

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