20090179 Ver 1_Buffer Determination_20090227

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
February 27, 2009
Dee Freeman
Secretary
DWQ Project # 2009-0179
Cliff Tyson
Weyerhaeuser Timberlands
1785 Weyerhaeuser Rd.
New Bern, NC 28563
Subject Property: N09-010-28311; Jones County, NC
UT to Beaver Creek, Neuse River Basin
Jones County
Pagel of 2
On-Site Determination for Applicability to the Neuse River Riparian Area Protection Rules (15A NCAC
2B .0233)
Dear Mr. Tyson:
On February 20, 2009, at your request, I conducted an on-site determination to review an unnamed tributary
located on the subject property for applicability to the Neuse Buffer Rules (15A NCAC 2B.0233). The feature
is labeled as "2009-0179" on the attached map initialed by me on February 27, 2009.
During my review f attempted to evaluate the feature using the DWQ Stream Classification Form I found no
feature present north of SR 1002 at the map indicated location. The map indicated feature was not evaluated
south of Weyerhaeuser property boundary.
The Division of Water Quality (DWQ) has determined that the surface water labeled as "2009-0179" on
the attached map is ephemeral and is ez? to the Neuse Buffer Rules to the edge of Weyerhaeuser
Timberland property following the map indicated feature to the east. This feature should be identified on
any future plans for this property. The owner (or future owners) should notify the DW
agencies) of this decision in any future correspondences concernin this Q (and other relevant
shall expire five (5) years from the date of this letter. g°y This on-site determination
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
request for a determination by the Director shall be referred to the Director in writing c/o Cyndi Karoly, DWQ,
131 ? S. Glenburn,a Rd. Suita E.
NeW Bern, NC 28562
Pho E 2b2-15 14-4748 ', SAX 252.5,4-49031 Cusuirrner Sev;ce: 1-877.523-e748 One
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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 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 Chris Pullinger at (252) 946-
6481.
Sincerely,
Jason green
Enclosures: USGS topographic 1/24,000 Quadrangle map "Dover"
cc: DWQ 401 Oversight/Express Unit
CAMA, Morehead City
WaRO File Copy
9 S. uienburnie ??. Suite
New Bern, NC 28562
Pbate' 252-514-4745 FAX [phone]'. ^u,.,, cF^ °r ^a_ . g
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