20090101 Ver 1_Buffer Determination_20090205

NIS
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Colleen H. Sullins
Governor Director
February 5, 2009
Cliff Tyson
Weyerhaeuser Timberlands Company
1785 Weyerhaeuser Rd.
New Bern, NC 28562
Pamlico County
Page 1 of 3
Subject Property: Chopping/Thinning of Weyerhaeuser Timberlands off SR 1317 & 1320 in Pamlico
County near Orchard Creek.
On-Site Determination for Applicability to the Neuse River Riparian Area Protection Rules (15A NCAC 2B
.0233)
Dear Mr. Tyson,
On February 5, 2009, at your request I conducted an on-site determination to review 3 unnamed tributaries
located on the subject property for applicability tp-the Neuse Buffer Rules (15A NCAC 2B .0233). The
feature is labeled as "2009-0101 (A), (B), (C)" on the attached map initialed by me on February 5, 2009.
At your request, I conducted an on-site determination on the streams as stated above. During my review I
evaluated the stream using the DWQ Stream Classification Form. I evaluated the unnamed tributary (A)
which is in between SR 1320 & 1317 and runs parallel to company road "Gamie Rd." and calculated the
score to be 29. The form states that if the score is "greater than or equal to 19 points the stream is at least
intermittent". I evaluated stream (B) that is just west of stream (A) south of state road 1320 and stream (B)
connects to a ditch running to the south and does not connect to the said stream on the US Soils Survey and
therefore is exempt. I evaluated stream (C) which is at the corner of company road "Gamie Rd." and state
road 1317 and no feature was found therefore stream (C) is exempt.
1319 S. Glenburnie Rd. Suite E.
New Bern, NC 28562 112
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748 l a o1 thCarolina
Internet: www.ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer aturl l&
Dee Freeman
Secretary
DWQ Project # 2009-0101
The Division of Water Quality (DWQ) has determined that the surface water labeled as 112009-0101 (A)"
on the attached map is at least intermittent and is SUBJECT to the Neuse Buffer Rules. This feature and
its 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.
The Division of Water Quality (DWQ) has determined that the surface water labeled as "2009-0101 (B)"
on the attached map is ephemeral and is NOT SUBJECT to the Neuse Buffer Rules. This feature and its
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.
The Division of Water Quality (DWO has determined that the surface water labeled as "2009-0101 (C)"
on the attached map is ephemeral and is NOT SUBJECT to the Neuse Buffer Rules. This feature and its
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.
1319 S. Glenburnie Rd. Suite E.
New Bern, NC 28562 ?TOlle
Phone: [phone] FAX: [phone] \ Customer Service: 1-877-623-6748 1 V oi'thCaY olina
Internet: www.ncwaterquality.org ?J??l??r? /??
An Equal Opportunity 1 Affirmative Action Employer li/?/ ` r[
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, Jason Beckelhimer
Enclosures: page 8, 1987 version of the Pamlico County NRCS Soil Survey;
USGS Topo Map 1:24,000 scale
cc: WQ 401 Oversight/Express Unit
CAMA, Morehead
WaRO File Copy
Filename: 2009-0101
1319 S. Glenburnie Rd. Suite E.
New Bern, NC 28562 One
Phone. [phone] FAX'. 252-514-49031 Customer Service: 1-877-623-6748 NorthCarolina
Internet www.ncwaterquality.org ???????/i
An Equal Opportunity 1 Affirmative Action Employer `
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