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HomeMy WebLinkAbout20140473 Ver 1_Stream Call Letter_20140512FIFAA w NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor May 15, 2014 Cliff Tyson Weyerhaeuser Timberlands 1785 Weyerhaeuser Road Vanceboro, NC 28586 Subject Property: 310859 -2014; Beaufort County UT to Durham Creek, Tar - Pamlico River Basin John E. Skvarla, III Secretary D W Q # 14 -0473 Beaufort County On -Site Determination for Applicability to the Tar - Pamlico River Riparian Area Protection Rules (15A NCAC 2B .0259) Dear Mr. Tyson: On May 13, 2014, at your request Anthony Scarbraugh conducted an on -site determination to review unnamed tributary (UT) to Durham Creek located on 'the subject property for applicability to the Tar - Pamlico Buffer Rules (15A NCAC 2B .0259). The feature is labeled as "14- 0473" on the attached maps initialed by Mr. Scarbraugh on May 15, 2014. The project is located on the northeast intersection of Bonnerton Road and Hounddog Avenue in Beaufort County, NC. At your request, Mr. Scarbraugh conducted an on -site determination as stated above. During his review, he evaluated the stream using the DWQ Stream Classification Form. He evaluated the stream reach 14- 0473at N 35.37396, W 77.83560 and calculated the score to be 10.75 points. The form states that if the score is "greater than or equal to 19 points the stream is at least intermittent." In addition, the feature was not present on either the most recent of the soil survey map prepared by the NRCS US Department of Agriculture or the most recent version of the 1:24,000 scale (7.5 minute) quadrangle topographic maps prepared by the US Geological Survey. In accordance with 15A NCAC 2B .0259 (3) which states that riparian buffers adjacent to surface waters that do not appear on either of the maps shall not be subject to this Rule. The Division of Water Resources (DWR) has determined that the feature labeled as "14- 0473" on the attached maps, and highlighted in red are not subject to the Tar - Pamlico Buffer Rules. These feature and the 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 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 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 Action Employer— Made in part by recycled paper Cliff Tyson Weyerhaeuser Timberlands Stream Determination Page 2 of 2 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, Fistan2tReg onal Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDENR Attachment: USGS Topographic 1:24,000 Quadrangle Map "Aurora" copy of sheet 18, 1995 version of Beaufort County Soil Survey cc: DWR 401 & Buffer Permitting Unit File Copy Filename 14 -0473 , Shell sin \ ,g . T Date Review - :- - DURHAM � u •� N M • � 6 a II � LL ,t d •. t_`J n n p I( • • r p SCALE 1:12000 — -- 0 100 200 300 400 SW fi00 700 800 900 YARDS —r��� :. 0 1000 20W FEET 0 1W 200 300 400 WO 800 700 800 METERS Coovnaht (C) 1998. MaDteui. Inc. U. S. 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