20090413 Ver 1_Buffer Determination_20090427

NCDENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Division of Water Quality
Coleen H. Sullins
Director
Dee Freeman
Secretary
DWQ Project # 2009-0413
Craven County
Page 1 of 2
Cliff Tyson
Weyerhaeuser Timberlands
1785 Weyerhaeuser Rd.
New Bern, NC 28563
Subject Property: Weyerhaeuser Timberlands # 410433
UT to Bachelor 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 April 17, 2009, at your request, I conducted an on-site determination to review unnamed tributary located on
the subject property for applicability to the Neuse Buffer Rules (15A NCAC 2B .0233). The feature is labeled
as "2009-0413a" and "2009-0413b" on the attached map initialed by me on April 17, 2009.
During my review I evaluated the feature "2009-0413a" using the DWQ Stream Classification Form and
calculated the score to be 19 points. The form states that if the score is "greater than or equal to 19 points the
strearri is at least intermittent" and is subject to the Neuse Buffer Rules. If the score is less than 19 points the
stream is ephemeral and is not subject to the Neuse Buffer Rules. The Division of Water Quality (DWQ) has
determined that the surface water labeled as "2009-0413a" on the attached map is an intermittent stream
and is subiect to the Neuse Buffer Rules.
The unnamed tributary labeled "2009-0141b" was also evaluated. This feature scored less than 19 points on the
DWQ Stream Classification Form. The Division of Water Quality (DWQ) has determined that the surface
water labeled as "2009-0413b" on the attached map is exempt and is not subject to the Neuse Buffer
Rules.
1319 S. Gienburnie Rd. Suite E.
New Bern NC 28562 One
Phone. [phone] FAX: [phone] Customer Service 1-877-623-6748 ?NOTt?lCd1 Olalla
Internet vvvw.ncwateiquality.cry 1
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April 28, 2009
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 K.aroly, 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) 946-
6481.
Sincerely,

Maverick Raber
Enclosures: 1989 NRCS Soil Survey of Craven County, North Carolina. Sheet Number 11.
cc: DWQ 401 Oversight/Express Unit
LAMA, Morehead City
File Copy
DWQ Project # 2009-0413
1319 S, Uenburnie Rd. Su to E.
New Bern, NC 28562
Phone. [phone] \ FAX, 252-514-49031 Customer Service. 1-877-623-6748
Internet www.ncwaterquality.org
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