20090141 Ver 1_Buffer Determination_20090218

i
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
February 18, 2009
DWQ Project#2009-0141
Pamlico County
Page 1 of 2
Cliff Tyson
Weyerhaeuser Timberlands
1785 Weyerhaeuser Rd.
New Bern, NC 28563
Subject Property: N09-005-39060; Pamlico County,NC
UT to Goose Creek,Neuse River Basin
On-Site Determination for Applicability to the Neuse River Riparian Area Protection Rules(15A NCAC
2B .0233)
Dear Mr. Tyson:
On February 12, 2009, at your request I conducted an on-site determination to review unnamed tributaries
located on the subject property for applicability to the Neuse Buffer Rules (15A NCAC 2B .0233). The features
are labeled as "2009-0141 a", and"2009-0141 b" on the attached map initialed by me on February 18, 2009.
During my review I evaluated the feature labeled "2009-0141a" and determined this feature to be a perennial
stream. The Division of Water Quality(DWQ) has determined that the surface water labeled as "2009-
0141a" on the attached map is not exempt and is subject to the Neuse Buffer Rules.
The unnamed tributary flowing to Goose Creek labeled"2009-0141 b"was also evaluated. This feature was not
found during my site visit and was determined to be not present. The Division of Water Quality (DWQ) has
determined that the surface water labeled as "2009-0141b" on the attached map is exempt and is not
subiect to the Neuse Buffer Rules.
These features and their associated buffers should be identified on any future plans for this property. The owner
(or future owners) should notify the DWQ (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 DWQ 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
1319 S.Glenburnie Rd Suite E.
New Bern,NC 28562 Phone:[phone] FAX:[phone] �Ilt l Customer Service:1-877-623-6748 011 t�1 Cc11 Ol1lla
Internet:www.ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer Naturallil

request for a determination by the Director shall be referred to the Director in writing c/o Cyndi Karoly, DWQ,
401 Oversight/Express Review Permitting Unit, 2321 Crabtree Blvd., Suite 250, Raleigh,NC 27604-2260.
Individuals that dispute a determination by the DWQ 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. DWQ
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 deternination 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 Chris Pullinger at(252) 948-
6481.
Sincerely,
;2WKWOW-A�
Maverick Raber,
Enclosures: USGS topographic 1/24,000 quadrangle map "Bayboro"
cc: DWQ 401 Oversight/Express Unit
CAMA,Morehead City
File Copy
DWQ Project #2009-0141
1319 S.Glenburnie Rd.Suite E.
New Bern.NC 28562 One
Phone:[phone] FAX:[phone] t Customer Service:1-877-623-6748 NorthCarolina
Internet:www.ncwaterquality.org N� /�
An Equal Opportunity 1 Natural lb"Action Employer `

. "O-- � � ;_ `~sue • • �,
'West 4
• .. -.♦ mow"' �.y 'r t �•+- ,�t
• �, i
• �. �� , 1 2ooa•0141b
-
71
. .•
! � S§4y°. -•,•. - -,f 1, `' ' P'�'"•�4���r,,�'�� 21 ' _,♦�Ju��
. Y/I
�� H ram.._ ,, - i+ \.`L.ti,, r • `4,`t
u h fi f
ZN
Vk
1• E•.,g-.. --(� it �r ` �� i F ��
'F tl as .. - •�`--_•_.�...... s; _- �•.._ ��♦ •\`� \� ��
Copyright(C)190,&Uptech,Inc.