1374 Brook Cove Rd

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
October 1, 2010
Susan Dusenbury
1374 Brook Cove Road
Walnut Cove, NC 27052
Subject: 1374 Brook Cove Road, Stokes County
Unnamed Tributaries to Ash Camp Creek [Roanoke, 22-25-12, Class C]
On-Site Determination for Applicability to the Mitigation Rules (15A NCAC 2H.0506(h)
Dear Mrs. Dusenbury:
On September 3, 2009, in response to a complaint, Amy Euliss and Sue Homewood, NC Division of
Water Quality (NCDWQ) staff, conducted an on-site determination to review drainage features located
1374 Brook Cove Road for applicability to the mitigation rules (15A NCAC 2H.0506(h)). The drainage
features are approximated on the attached map initialed and dated October 1, 2010.
Feature ID Stream Name Site visited Stream
T e*
S1 UT1 to Ash Cam Creek Yes Intermittent
S2 UT2 to Ash Cam Creek Yes Perennial
S3 UT3 to Ash Cam Creek Yes Perennial
S4 UT4 to Ash Cam Creek Yes Ephemeral
Please note that no other features at the site were visited. Also, this letter only addresses applicability
at the site specifically marked on the attached map and does not apply to reaches of the channel
[or drainage feature] further downstream from the project area, or to any other drainage features
in the vicinity.
This letter only addresses the applicability to the mitigation rules and the buffer rules and does not
approve any activity within the buffer, Waters of the United States, or Waters of the State. Any impacts
to wetlands, streams and buffers must comply with the 404/401 regulations, water supply regulations
(15A NCAC 2B .0216), and any other required federal, state and local regulations.
The owner (or future owners) or pennittee should notify NCDWQ (and other relevant agencies) of this
decision in any future correspondences concerning this property and/or project. 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 NCDWQ or Delegated Local
Authority that a surface water exists and that it is subject to the mitigation rules 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 Ian McMillian, NCDWQ Wetlands/401 Unit, 1650 Mail Service Center, Raleigh,
NC 27699-1650. Please send a copy of this request to the Winston Salem Regional Office. Individuals
that dispute a determination by NCDWQ or Delegated Local Authority that "exempts" a surface water
North Carolina Division of Water Quality, Winston-Salem Regional Office One
Location: 585 Waughtown St. Winston-Salem, North Carolina 27107 NorthCarolina
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748 ??rturallt?
Internet: www.ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer
from the mitigation rules 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.
NCDWQ 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.
If you have any additional questions or require additional information please call Amy Euliss at 336-771-
4959 or at [e-mail].
Sincerely,
Sue Homewood
Attachments: signed location map
cc: John Thomas, US Army Corps of Engineers - Raleigh Regulatory Field Office
NCDWQ Wetlands 401
File Copy
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