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Home My WebLink About20140303 Ver 1_Stream Call Letter_20140327_A* NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor April 16, 2014 Cliff Tyson Weyerhaeuser Timberlands 1785 Weyerhaeuser Road Vanceboro, NC 28586 Subject Property: 310655 -2014; Beaufort County UTs to Nancy Branch, Tar - Pamlico River Basin John E. Skvarla, III Secretary DWQ 1114 -0303 Beaufort County On -Site Determination for Applicability to the Tar - Pamlico River Riparian Area Protection Rules (15A NCAC 2B.0259) Dear Mr. Tyson: On April 14, 2014, at your request Anthony Scarbraugh conducted an on -site determinations to review unnamed tributaries (UT) to Nancy Branch located on the subject property for applicability to the Tar - Pamlico Buffer Rules (15A NCAC 2B .0259). The feature is labeled as "14 -0303 A through 14 -0303 G' on the attached maps initialed by Mr. Scarbraugh on April 16, 2014. The project is located approximately 1.15 miles southeast of the intersection of CCC 1 Road and NC Highway 33 in Beaufort County, NC. At your request, Mr. Scarbraugh'conducted on- site.determi_nations as stated above. During his review, he evaluated the streams using the DWR- Stream Classification Form. He evaluated the stream reach 14 -0303 A at N 35.37144, W 77.02814 and calculated the score to be 30.25 points. He evaluated the stream reach 14 -0303 B at N 35.37072, W 77.00891 and calculated the score to be 11.75 points. He evaluated the stream reach 14 -0303 C at N 35.37004, W 77.00885 and calculated the score to be 13.25 points. He evaluated the stream reach 14 -0303 D at N 35.36876, W 77.00227 and calculated the score to be 27.75 points. He evaluated the stream reach 14 -0303 E at N 35.36575, W 77.00280 and calculated the score to be 0 points. The feature was not present. He evaluated the stream reach 14 -0303 F at N 35.37042, W 76.99891 F and calculated the score to be 19.25 points. He evaluated the stream reach 14 -0303 G at N 35.36963, W 76.99543 and calculated the score to be 13.25 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- 0303 A, 14 -0303 D, 14 -0303 F and 14 -0303 G' on the attached maps, and highlighted in blue is subject to the Tar - Pamlico Buffer Rules. The portion of the feature labeled as "14 -0303 F and 14 -0303 G' on the attached maps, and highlighted in red and circled is not subject to the Tar - Pamlico Buffer Rules. The feature labeled as "14 -0303 B, 14 -0303 C and 14 -0303 E" on the attached maps that is highlighted in red is not subject to the Tar - Pamlico Buffer Rules. The feature and its associated buffers should be identified Division of Water Resources - Water Quality Regional Operations Section - Washington Regional Office 943 Washington Square Mall, Washington, NC 27889 Phone: 252 - 946 -64811 Fax: 252 - 975 -37161 Internet: www.ncdenr.gov An Equal Opportunity 1 Affirmative Acton Employer — Made in part by recycled paper Cliff Tyson Weyerhaeuser Timberlands Stream Determination Page 2 of 2 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 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, Robert Tankard, Assistan Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDENR Attachments: USGS Topographic 1:24,000 Quadrangle Map "Ernul" copy of sheets 2 and 17, 1995 version of Beaufort County Soil Survey" cc: DWR 401 & Buffer Permitting Unit File Copy Filename 14 -0303 SHEET NUMBER 2 BEAUFORT COUNTY, NORTH CAROLINA n° 00'00• 35° 45'00" C to Pa / �D rn e Le Ly yVl;�f; 't1 ��I1VLi�11� ?wl�, I r : • � � e�: Coion , A. c; f. d ,tiAtar (]ualiry f — sin Differ e l ...._L�..l ..��s Le Ba Le 55. U 1 i] Me � La 1 I La I f � Ba � La U. S. DEPARTMENT OF AGRICULTURE SOIL CONSERVATION SERVICE L, "c Q 4� La Le j. CSC2 Le La La a' Le La / I/ Ra Le