20141261 Ver 1_Buffer Determination_20141222

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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: 310640 -2014; Beaufort County
UT to Blounts Creek, Tar - Pamlico River Basin
John E. Skvarla, III
Secretary
DWQ # 14 -1261
Beaufort County
On -Site Determination for Applicability to the Tar - Pamlico River Riparian Area Protection Rules (15A NCAC - -
28.0259)
Dear Mr. Tyson:
On December 17, 2014, at your request Anthony Scarbraugh conducted an on -site determination to review
unnamed tributary (UT) to Blounts Creek located on the subject property for applicability to the Tar -
Pamlico Buffer Rules (15A NCAC 2B .0259). The feature is labeled as "14- 1261" on the attached maps
initialed by Mr. Scarbraugh on December 22, 2014. The project is located approximately 0.59 miles
northeast of the intersection of Nancy Branch Road and Stolesbury Road in Beaufort 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 -1261 at
N 35.35704, W 77.01218 and found evidence that this is a man -made feature not constructed for the
purposes of navigational access. North Carolina Administrative Code 15A NCAC 02B .0259(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 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 feature labeled as "14-
1261" on the attached maps, and highlighted in red is not subject to the Tar - Pamlico 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
Division of Water Resources - Water Quality Regional Operations Section - Washington Regional Office
943 Washington Square Mall, Washington, NC 27889
Phone: [phone] \ Fax: [phone] Internet: www,ncdenr.gov
An Equal Opportunity \Affirmative Action Employer— Made in pan 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,
�ow'd ft
Robert Tankard, Assistant Regional Supervisor
Water Quality Regional Operations Section - - - - --
Division of Water Resources, NCDENR
Attachments: copy of sheet 2, 1995 version of Beaufort County Soil Survey
USGS Topographic 1:24,000 Quadrangle Map "Ernul"
cc: DWR 401 & Buffer Permitting Unit
File Copy
Filename 14 -1261

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