HomeMy WebLinkAbout20090099 Ver 1_Buffer Determination_20090205Ad ,?[q
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North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
February 5, 2009
Cliff Tyson
Weyerhaeuser Timberlands Company
1785 Weyerhaeuser Rd.
New Bern, NC 28562
Pamlico County
Pagel of 3
Subject Property: Final Harvest of Weyerhaeuser Timberlands off SR 1005 in Pamlico County
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 an unnamed tributary
located on the subject property for applicability to the Neuse Buffer Rules (15A NCAC 2B .0233). The
feature is labeled as "2009-0099" on the attacheddhap initialed by me on February 5, 2009.
At your request, I conducted an on-site determination on two streams as stated above. During my review I
evaluated the stream using the DWQ Stream Classification Form. I evaluated the unnamed tributary (stream
A) upstream of Goose Creek approximately 430' west of state road 1005 and crossing Scott Rd and
calculated the score to be 26. 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 `12009-0099(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)
1319 S. Glenburnie P,d, SOW E.
New Bern, NC 28562
Phone: 252-5'14-47481 FAX: 252-514-4903 4 Customer Service: 1-877-623-6748
Iniernet: www.ncwaterquality.ory
An Equal Opportunity t Affirmative Action Employer
Dee Freeman
Secretary
DWQ Project # 2009-0099
One
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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 second stream, stream (B) was evaluated crossing state road 1005 and just north of Scot Town Tram Rd.
There was no feature for stream (B) therefore, it could not be scored and is exempt.
The Division of Water Quality (DWQ) has determined that the surface water labeled as "2009-0099(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.
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 6, 1987 version of the Pamlico County NRCS Soil Survey
1319 S, Glenwrnie Rd. Suite E.
New Bern, NC 28562 T TOne
Phone: 252-514-47481 FAX: 252-514-4903 l Customer Service: 1-877-623-6748 1'J ®?g lll?o 1i11?
Internet: www.nmaterquality.org
An Equal Opportunity 1 Affirmative Action Employer 'A aA."tale"
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cc: XWQ 401 Oversight/Express Unit
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WaRO File Copy
Filename: 2009.0099
1319 S. Glenburnie Rd. Suite E.
New Bern, NC 28562 One
Phone: 252-514-47481 FAX: 252-514-49031 Customer Service: 1-877-623-6748
Internet: www.ncwaterquality.ory 1°'1o 11Ca Olin
An Equal Opportunity 1 Affirmative Action Employer