20090208 Ver 1_Buffer Determination_20090306

A NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director . Secretary
March 6, 2009
DWQ Project # 2009-0208
Martin County
Cliff Tyson
Weyerhaeuser Timberlands
1785 Weyerhaeuser Road
Vanceboro, NC 28586
Subject Property: N09-023-40804; Martin County, NC
UT to Turkey Swamp, Pamlico River Basin
On-Site Determination for Applicability to the Pamlico River Riparian Area
Protection Rules (15A NCAC 2B.0259)
Dear Mr. Tyson:
On March 6, 2009, at your request I conducted an on-site determination to review an
unnamed tributary (UT) to Turkey Swamp located on the subject property for
applicability to the Tar Pamlico Buffer Rules (15A NCAC 2B .0259). The feature is
labeled as "09-0208" on the attached map initialed by me on March 6, 2009. This project
is located south of state road 1155 and west of state road 1113.
At your request, I conducted an on-site determination as stated above. During my review
I evaluated the stream using the DWQ Stream Classification Form. I evaluated the
stream reach from gps (35.7457356, 77.1656232) to the west and calculated the score to
be 7.5 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 Quality (DWQ) has determined that the surface water
labeled as "09-0208" on the attached map is ephemeral and is exempt to the Tar
Pamlico Buffer Rules. This feature and it's 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.
North Carolina Division of Water Quality Internet: www.ncwatergLial'ity.org
943 Washington Square Mall Phone: [phone] One
Washington, NC 27889 FAX [phone] NorthCarohna
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper ;Vaturally
Page 2 of 2
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, 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 [phone].
Sincere
Burt Simons
Enclosures: USGS Topgraphic 1:24,000 Quadrangle map "Leggets Crossroads", 1989
NRCS Martin County Soils Map sheet 11
cc: DWQ 401 Oversight/Express Unit
CAMA, Washington
File Copy
Filename: DWQ Project # 2009-0208
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