20160082 Ver 1_Buffer Determination_20160209

Water Resources
ENVIRONMENTAL QUALITY
February 9, 2016
Cliff Tyson
Weyerhaeuser Timberlands
1785 Weyerhaeuser Road
Vanceboro, NC 28586
Subject Property: 360310-2016; Carteret County
Ut to Cullie Creek, Neuse River Basin
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Secretary
S. JAY ZIMMERMAN
DaYcror
DWR p 16-0082
Carteret County
On -Site Determination for Applicability to the Neuse River Riparian Area Protection Rules (15A NCAC 2B
.0233)
Dear Mr. Tyson:
On February 3, 2016, at your request Anthony Scarbraugh conducted on-site determination to review an
unnamed tributary to Cullie Creek located on the subject property for applicability to the Neuse Buffer
Rules (15A NCAC 2B .0233). The feature is labeled as "16-0082" on the attached map(s) initialed by Mr.
Scarbraugh on November 18, 2015. The project is located approximately 0.47 miles northeast of
intersection of Royal Road and Merrimon Road in Carteret 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 "16-
0082' at N 34.92632, W 76.62467 and calculated the score to be 21.5 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 "16-
0082" on the attached map(s), and highlighted in blue is subject to the Neuse Buffer Rules. The portion
of the feature labeled as "16-0082' and highlighted in red and circled on the attached map(s), is not
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
State of Noah Carolina I Environmental Quality l Water Resources—Water Quality Regional Operations—Washington Regional Office
943 Washington Square Mail, Washington, NC 27889
252-946-6481

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 1506 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 [phone].
Sincerely,
Robert Tankard, Assistant Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ
Attachments: USGS Topographic 1:24,000 Quadrangle Map "South River'
copies of sheets 6 and 7, 1987 version of Carteret County Soil Survey
cc: Laserfiche
File Copy
Joanne Steenhuis, DWR WAD
Filename 16-0082

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