20090511 Ver 1_Buffer Determination_20090529

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
O.overnor Director Secretarv
May 29, 2009
DWQ Project # 2009-0511
Pamlico County
Page 1 of 2
Cliff Tyson
Weyerhaeuser Timberlands
1785 Weyerhaeuser Rd.
New Bern, NC 28563
Subject Property: Weyerhaeuser Timberlands # 32123; Pamlico County, NC
Unnamed tributary into East Fork, 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 29, 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 features are
labeled as "2009-0511a" and "2009-0511b" on the attached map initialed by me on May 29, 2009.
During my review I attempted to evaluate the features using the DWQ Stream Classification Form. I found no
features present West of NC Hwy 306 and North of NC Hwy 55 at the map indicated location.
The Division of Water Quality (DWQ) has determined that the surface water labeled as "2009-0511a"
and "2009-0511b" on the attached map is ephemeral and is exempt to the Neuse Butler Rules to the edge
of Weyerhaeuser Timberland property following the map indicated feature. This feature 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. Glenburnie Rd. Suite E.
Berm, NO 28E2 One
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748 N
Internal: Internal: vtivw.rn°waterquality.org ???????
An Equal Opportunity AffirmaiNe Action Employer
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: 1987 NRCS Soil Survey of Pamlico County, North Carolina. Sheet Number 3.
cc: ,-6WQ 401 Oversight/Express Unit
CAMA, Morehead City
WaRO File Copy
DWQ Project # 2009-0511
1319 S. Glenburnie Rd. Suile E.
New Bern, NC 28562 Onc
Phone: [phone] FAX: [phone] Gustorrmr Service: 1-877-623-6748 NorthCarolina
Internet: vrvryv.ncwaterqualily.org ??????????
An Eaual Opportunity AffirmaDje.Action Employer
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