20090415 Ver 1_Buffer Determination_20090427

1
`',lor h Carolina C c,,_)artment of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Division of Water Quality
Coleen Ii. Sullins
Director
Dee Freeman
Secretary
DWQ Project # 2009-0415
Craven County
Page 1 of 2
Cliff Tyson
Weyerhaeuser Timberlands
1785 Weyerhaeuser Rd.
New Bern, NC 28563
Subject Property: Weyerhaeuser Timberlands # 414058
UT to Brice Creek
On-Site Determination for Applicability to the Neuse River Riparian Area Protection Rules (15A NCAC
2B .0233)
Dear Mr. Tyson:
On April 23, 2009; at your request, I conducted an on-site determination to review an unnamed tributary to
Brice Creek located on the subject property for applicability to the Neuse Buffer Rules (15A NCAC 2B .0233).
The feature is labeled as "2009-0415" on the attached map initialed by me on April 23, 2009.
During my review I evaluated the feature and determined the feature was a linear wetland and not a stream.
Because of the lack of stream-like features, the DWQ Stream Classification Form was not used for this
determination and a score was not calculated. The form states that if the score is "greater than or equal to 19
points the stream 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 "2009-0415" on
the attached map is exempt and is not subject to the Neuse Buffer Rules. This feature and it's associated
buffers should be identified on any future plans for this property. The owner (or fixture 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.
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April 27, 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 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) 946-
6481.
Sincerely,
F '
Maverick Raber
Enclosures: 1989 NRCS Soil Survey of Craven County, North Carolina. Sheet Number 14.
cc: DWQ 401 Oversight/Express Unit
LAMA, Morehead City
File Copy
DWQ Project # 2009-0415
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SHEET NUMBER 14
CRAVEN COUNTY, NORTH CAROLINA A