HomeMy WebLinkAbout20090249 Ver 1_Buffer Determination_20090316NCDEE R
North Carolina Department of Environment and
Division of Water Quality
Beverly Eaves Perdue
Governor
Coleen H. Sullins
Director
Natural Resources
Dee Freeman
Secretary
March 16, 2009
Cliff Tyson
Weyerhaeuser Timberlands
1785 Weyerhaeuser Road
Vanceboro, NC 28586
DWQ Project # 2009-0249
Beaufort County
Subject Property: N09-016-44819; Beaufort County, NC
Acre 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 16, 2009, at your request I conducted an on-site determination to review Acre
Swamp located on the subject property for applicability to the Tar Pamlico Buffer Rules
(15A NCAC 2B .0259). The feature is labeled as "09-0249" on the attached map
initialed by me on March 16, 2009. This project is located west of SR 1508, south of
Waters Rd, crossing Boyd Rd.
Mapping error placed the actual subject stream approximately 300 feet north of the
mapped stream. It was agreed upon that this stream was "as approximately shown"
(35.64183, -76.87781) and remains subject. Any ditch maintenance that impacts this
receiving stream will continue to be performed with caution, utilizing sediment fences to
avoid violating Surfacewater standards.
The Division of Water Quality (DWQ) has determined that the surface water
labeled as "09-0249" on the attached map is at least intermittent and is subject 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.newaterguality.org
943 Washington Square Mall Phone: 252-946-6481 teU
Wash
ington, NC 27889 FAX 252-946-9215 CarolAn Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper ra!!t?
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 (252) 948-3920.
Sincerely,
ill Paxson
Enclosures: USGS Topographic 1:24,000 Quadrangle map "Grimesland", 1989 NRCS
Beaufort County Soils Map sheet 3
cc: DWQ 401 Oversight/Express Unit
CAMA, Washington
File Copy
Filename: DWQ Project # 2009-0249
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