20140443 Ver 1_Stream Call Letter_20140511

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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: 310268 -2014; Beaufort County
UTs to Creeping Swamp, Neuse River Basin
John E. Skvarla, III
Secretary
D W Q # 14 -0443
Beaufort County
On -Site Determination for Applicability to the Neuse River Riparian Area Protection Rules (15A NCAC 2B
.0233)
Dear Mr. Tyson:
On May 6 and 13, 2014, at your request Anthony Scarbraugh conducted an on -site determinations to
review unnamed tributaries (UTs) to Creeping Swamp located on the subject property for applicability to
the Neuse Buffer Rules (15A NCAC 2B .0233). The features are labeled as "14 -0443 A through 14 -0443 E"
on the attached map initialed by Nlr. Scarbraugh on May 15, 2014. The project is located approximately
0.44 miles northwest of the intersection of Gayton Road and Rowe Industrial Road in Beaufort 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-
0443 A at N 35.46547, W 77.16353, 14 -0443 B at N 35.45988, W 77.16561, 14 -0443 C at N 35.46549, W
77.16360, 14 -0443 D at N 35.46122, W 77.16518, and 14 -0443 E at N 35.45692, W 77.16686 and found
evidence that these are a man -made features 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." 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 features labeled as "14-
0443 A, 14 -0443 B, 14 -0443 C, 14 -0443 D and 14 -0443 E" on the attached map, and highlighted in red are
not subject to the Neuse Buffer Rules. These features 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.
Division of Water Resources - Water Quality Regional Operations Section - Washington Regional Office
943 Washington Square Mall, Washington, NC 27889
Phone: [phone] Fax: 252 - 975 -37161 Internet: www.ncdenr.gov
An Equal Opportunity 1 Affirmafive Action Employer — Made in part by recycled paper

Cliff Tyson
Weyerhaeuser Timberlands
Stream Determination
Page 2 of 2
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, Assistant Re Tonal Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDENR
Attachment: USGS Topographic 1:24,000 Quadrangle Map "Wilmar"
cc: DWR 401 & Buffer Permitting Unit
File Copy
Filename 14 -0443
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