20150677 Ver 1_Buffer Determination_20150831

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North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
August 31, 2015
Cliff Tyson
Weyerhaeuser Timberlands
1785 Weyerhaeuser Road
Vanceboro, NC 28586
Subject Property: 310671 -2015; Beaufort County
UT to Smith Creek, Tar - Pamlico River Basin
Donald R. van der Vaart
Secretary
DWR # 15 -0677
Beaufort County
On -Site Determination for Applicability to the Tar - Pamlico River Riparian Area Protection Rules (15A NCAC
2B .0259)
Dear Mr. Tyson:
On August 28, 2015, at your request Anthony Scarbraugh conducted on -site determination to review
unnamed tributary (UT) to Smith Creek located on the subject property for applicability to the Tar - Pamlico
Buffer Rules (15A NCAC 2B .0259). The feature is labeled as "15- 0677" on the attached map(s) initialed by
Mr. Scarbraugh on August 31, 2015. The project is located approximately 0.68 miles south - southeast of the
intersection of Campbell Creek Drive and NC Highway 33 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 15 -0677 at
N 35.26142, W 76.63549 and found evidence that the feature was a manmade pond located outside of a
natural drainage way. North Carolina Administrative Code 15A NCAC 02B .0259(3)(b)(ii) states "Manmade
ponds and lakes that are located outside natural drainage ways" 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 "15-
0677" on the attached map(s), 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
from the date of this letter. Landowners or affected parties that dispute a determination made by the DWR
Division of Water Resources - Water Quality Regional Operations Section - Washington Regional Office
943 Washington Square Mall, Washington, NC 27889
Phone: 252 - 946 -6481 1 Fax: [phone] 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
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 egional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDENR
Attachment: copy of sheet 19, 1995 version of Beaufort County Soil Survey
cc: Laserfiche
File Copy
Filename 15 -0677

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10000 Feet
1
Kilometers
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SHEET NO. 19 OF 20