20140815 Ver 1_Buffer Determination_20140903

NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
September 3, 2014
Cliff Tyson
Weyerhaeuser Timberlands
1785 Weyerhaeuser Road
Vanceboro, NC 28586
Subject Property: 360211 -2014; Carteret County
UTs to Berrys Creek, Neuse River Basin
John E. Skvarla, III
Secretary
DWQ # 14 -0815
Carteret County
On -Site Determination for Applicability to the Neuse River Riparian Area Protection Rules (15A NCAC 2B
.0233)
Dear Mr. Tyson:
On September 2, 2014, at your request Anthony Scarbraugh conducted an on -site determinations to review
unnamed tributaries (UTs) to Berrys Creek located on the subject property for applicability to the Neuse
Buffer Rules (15A NCAC 2B .0233). The features are labeled as "14 -0815 A and 14 -0815 B" on the attached
map initialed by Mr. Scarbraugh on September 3, 2014. The project is located approximately 0.96 miles
north - northwest of the intersection of South River Road and Berrys Creek Road in Carteret 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-
0815 A at N 34.98037, W 76.62784 and calculated the score to be 0 points. The feature was not present.
He evaluated the stream reaches 14 -0815 B at N 34.98236, W 76.62871 and calculated the score to be 0
points. The feature was 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 features labeled as "14-
0815 A and 14 -0815 B" 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.
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
Division of Water Resources - Water Quality Regional Operations Section - Washington Regional Office
943 Washington Square Mall, Washington, NC 27889
Phone: 252 - 946 -64811 Fax: [phone] Internet: www.ncdenr.gov
M Equal Opportunity 1 Af nnafive Action Employer- Made in part by recoed paper

Cliff Tyson
Weyerhaeuser Timberlands
Stream Determination
Page 2 of 2
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 Rea Supervisor
Water Quality Regional Opefations Section
Division of Water Resources, NCDENR
Attachment: copy of sheet 5, 1987 version of Carteret County Soil Survey
cc: DWR 401 & Buffer Permitting Unit
File Copy
Joanne Steenhuis, DWR WiRO
Filename 14 -0815

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