20090626 Ver 1_Buffer Determination_20090615

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
June 15, 2009
Dee Freeman
Secretary
DWQ Project # 2009-0626
Jones County
Page 1 of 2
Cliff Tyson
Weyerhaeuser Timberlands
1785 Weyerhaeuser Rd.
New Bern, NC 28563
Subject Property: Weyerhaeuser Timberlands # 24834; Jones County, NC
Unnamed tributary into Will Creek, Neuse River Basin
On-Site Determination for Applicability to the Neuse River Riparian Area Protection Rules (15A NCAC
2B.0233)
Dear Mr. Tyson:
On June 2, 2009, at your request, I conducted an on-site determination to review unnamed tributary located on
the subject property for applicability to the Neuse Buffer Rules (15A NCAC 2B .0233). The feature is labeled
as "2009-0626" on the attached map initialed by me on June 15, 2009.
During my review I attempted to evaluate the feature using the DWQ Stream Classification Form. I found no
feature present west of US HWY 17/ NC 58 at the map indicated location.
The Division of Water Quality (DWQ) has determined that the surface water labeled as "2009-0626" on
the attached map is absent and is exempt to the Neuse Buffer 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.
;e Berri, HC '28Y02
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748 One
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An Equal Internet: Opportunity 1 A f6rmaiiva Ac en rmativa Action Employer -Nally
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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,
Tony R Bu
Enclosures: 1974 NRCS Soil Survey of Jones County. North Carolina. Sheet number 11.
cc: 16WQ 401 Oversight/Express Unit
CAMA, Morehead City
WaRO File Copy
DWQ Project # 2009-0626
1319 S. GlenGurnie Rd. SWte E.
New Bern, NC 28562 One
Phone: [phone] FAX. [phone] , Customer SeRlice. 1-877-623-6748 NOrtliCarolina
Internet: wvitv.ncwaterqualiiy.erg ??t??????
An Equal Opportunity \ Affirmative Action Employer b?
U. S. DEPARTMENT OF AGRICULTURE
SOIL CONSERVATION SERVICE