20140137 Ver 1_Stream Call Letter_20140228

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NCDENR
North Carolina Department of Environment and
Division of Water Resources
Water Quality Programs
Pat McCrory Thomas A. Reeder
Governor Director
March 7. 2014
Cliff Tyson
Weyerhaeuser Timberlands
1785 Weyerhaeuser Road
Vanceboro, NC 28586
Natural Resources
John E. Skvarla, III
Secretary
D W Q # 14 -0137
Lenoir County
Subject Property: 560060 -2014; Lenoir County
UTs to Beaverdam Branch and Alligator Canal, 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 28, 2014, at your request Anthony Scarbraugh conducted an on -site determinations to
review unnamed tributaries (UTs) to Beaverdam Branch and Alligator Canal located on the subject
property for applicability to the Neuse Buffer Rules (15A NCAC 2B .0233). The features are labeled as
"14 -0137 A, 14 -0137 B, 14 -0137 C, 14 -0137 D, and 14 -0137 E" 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 reach 14-
0137 A at N 35.34741, W 77.49619 and calculated the score to be 30 points. He evaluated the stream
reach 14 -0137 B at N 35.34400, W 77.49809 and calculated the score to be 32.25 points. He evaluated
the stream reach 14 -0137 C at N 35.34159, W 77.49870 and calculated the score to be 30 points. He
evaluated the stream reaches 14 -0137 D at 35.34304, W 77.49113 and 14 -0137 E at N 35.34380, W
77.48847 and calculated the scores to be 0 points. The features were not present. 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-
0137 A, 14 -0137 B and 14 -0137 V on the attached maps, and highlighted in blue is subject to the
Neuse Buffer Rules. The portion of the features labeled as "14 -0137 D and 14 -0137 E" on the attached
maps, and highlighted in red are not subject to the Neuse Buffer Rules. The features and its associated
Water Quality Regional Operations Section
943 Washington Square Mall, Washington, North Carolina 27899
Phone: 252 - 94664811 FAX: [phone]
Internet:w .ncwatecora
An Equal Opportunity 1 Affnnalive Acdon Employer

Cliff Tyson
Weyerhaeuser Timberlands
Stream Determination
Page 2 of 2
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 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.G.
Regional Supervisor
DWR Water Quality Section
Washington Regional Office
Attachments: USGS Topographic 1:24,000 Quadrangle Map "Griffon'
copy of sheet 7, 1977 version of Lenoir County Soil Survey"
cc: DWR 401 & Buffer Permitting Unit
File Copy
Filename 14 -0137

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