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HomeMy WebLinkAbout20090510 Ver 1_Buffer Determination_20090511 r r AACI�Alv NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Dee Freeman Governor Director Secretary May 11, 2009 DWQ Project# 2009-0510 Pamlico County Page 1 of 2 Cliff Tyson Weyerhaeuser Timberlands 1785 Weyerhaeuser Rd. New Bern,NC 28563 Subject Property: Weyerhaeuser Timberlands #34325; Pamlico County,NC Headwaters of Savannah Bridge Swamp;Neuse River Basin On-Site Determination for Applicability to the Neuse River Riparian Area Protection Rules (15A NCAC 2B.0233) Dear Mr. Tyson: On May 7, 2009, at your request,I conducted an on-site determination to review the headwaters of Savannah Bridge Swamp located on the subject property for applicability to the Neuse Buffer Rules (15A NCAC 2B .0233). The feature is labeled as "2009-0510"on the attached map initialed by me on May 7, 2009. During my review I evaluated the feature using the DWQ Stream Classification Form and calculated the score to be 27 points. 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 "2009-0510"on the attached maps is a modified intermittent stream and is subiect to the Neuse Buffer Rules. This stream 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. 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, 1319 S.Glenbuinie Rd,Suite E. New Bern.NC 28562 Phone:252-514-47481 FAX:252-514-49031 Customer Service:1-877-623-6748 One Internet:www.i)cwaterquality.org NorthCarohna An Equal Opportunity 1 Affirmative Action Employer Naturall� 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, ;�/"?z4 _.._-� Maverick Raber Enclosures: 1987 NRCS Soil Survey of Pamlico County, North Carolina. Sheet Number 2. USGS 1:24,000 topgraphic quadrangle map "REELSBORO 35076-B8-TF-024" cc: l;,,116WQ 401 Oversight/Express Unit CAMA,Morehead City File Copy DWQ Project # 2009-0510 1319 S.Glenburnie Rd.Suite E. New Bern.NC 28562 One Phone:252-51447481 FAX:252-514-49031 Customer Service.1-877-623-6748 Not h Carolina Internet:vaww.ncwaterqualtiv Action �atunally An Equal Opportunity 1 Affirmative Action Employer & ' CT ULINA Ly k\� i L. � � ,. M >, t Pa � s La L LS Pa Le La urt Cr6 � t cr La Le ; CrB MA 7 qr n L are Le ePa r GoA Ra Re GoA Le �t Ly Ra Pa MA M„ C Ly Lv Re ��i k,� � �T. _�:elt .eG.tl6. �W➢�+oY e.C9i. urg Le _ elf La O La. i GoA + , x� Nq y�yL yi f i ,.L S ay9 }L' a x .'+wt ;�t�5.t r.�' �• y i c. r h a f I t 1 ` -..Whiskey mac- ` '`�,`: �� �•i;:- _ `' t ,h err ��_ ,� �, �: ,•• :� �' �f � � �i 1 3r r Blade sRC Fe k• � Noah Carolina �n?a"Ll -- 6ivisi®n Of Water 0 fr6 t ,. Lffes `"a.--�- �' alb 36' rN,