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HomeMy WebLinkAbout20141266 Ver 1_Buffer Determination_20141222PWA NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor December 22, 2014 Cliff Tyson Weyerhaeuser Timberlands 1785 Weyerhaeuser Road Vanceboro, NC 28586 Subject Property: 550480 -2014; Jones County Little Chinquapin Branch, Neuse River Basin John E. Skvarla, III Secretary DWQ # 14 -1266 Jones County On -Site Determination for Applicability to the Neuse River Riparian Area Protection Rules (15A NCAC 2B .0233) Dear Mr. Tyson: On December 17, 2014, at your request Anthony Scarbraugh conducted an on -site determination to review feature known as Little Chinquapin Branch located on the subject property for applicability to the Neuse Buffer Rules (15A NCAC 2B .0233). The feature is labeled as "14- 1266" on the attached map initialed by Mr. Scarbraugh on December 22, 2014. The project is located approximately 0.96 miles west- southwest of the intersection of Guinea Town Road and Stanley Road in Jones County, NC. At your request, Mr. Scarbraugh conducted on -site determination as stated above. During his review, he evaluated the stream using the DWR Stream Classification Form. He evaluated the stream reach 14 -1266 at N 35.08880, W 77.52766 and calculated the score to be 22.25 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- 1266" on the attached map, and highlighted in blue is subject to the Neuse Buffer Rules. The 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 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 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 Oppodunity 1 Affnnalive Action Employer — Made in part by recycled paper Cliff Tyson Weyerhaeuser Timberlands _ Stream Determination Page 2 of 2 "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, Robert Tankard, Assistant Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDENR Attachment: copy of sheet 3, 1981 version of Jones County Soil Survey cc: DWR 401 -& Buffer Permitting Unit - - - -- -- File Copy Filename 14 -1266 $1 (,iaA Gt 'tbi GoA G1