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HomeMy WebLinkAbout20140137 Ver 1_Stream Call Letter_20140228e�� 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: 252- 975 -3716 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 1 1M1 A Gilr - azsF - V i i 17q�, hD ih 17, ro' Env ?ro 1 \ r ai I vjsi3rt 6 Quoity For in Blftr 7 a 6, 719 -'� 14 -0137 E Cent' 14 -0137 B rI IFA t \ Savannah r Sh". �� ag etic ecl nati n ,r , :635.. - / ♦ :�. (nfA SCALE 1 .24000 0 1 MILES 0 1000 YARDS _ M 0 1 IOLOMETER OL a— // h ,1A >' Al It a ff � F �pp yS a �� • ;, `fit - 1 �