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Home My WebLink About20130545 Ver 2_Buffer Determination_20150122 NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary January 22, 2015 DWR#13-0545 Ver. 2 Chowan County Jimbo's Jumbos, Inc. Attn: Mr.G. Dallas Barnes, Registered Agent 413 Main Street Severn, NC 27877 Subject Property: Peanut Drive UT to Queen Anne Creek, Chowan River Basin On-Site Determination Dear Mr. Barnes: On December 30, 2014, at the request of Mr. Cory Darnell of Engineering Consulting Services, PLLC, Anthony Scarbraugh conducted an on-site determination to review unnamed tributary (UT)to Queen Anne Creek. During his review, he evaluated the stream using the DWR Stream Classification Form. He evaluated the stream reach labeled "13-0545 Ver. 2" at N 36.08413, W 76.59227 and found evidence that this is a man-made feature outside of a natural valley-way. Please note the stream determination for stream reach "13-0545" was issued on May 23, 2013 and was determined to be a man-made feature outside of a natural valley-way. This determination was conducted in accordance with 15A NCAC.02B .0211. The Division of Water Resources (DWR) has determined that the feature labeled as "13-0545 Ver. 2" on the attached map, and highlighted in red has been determined to be a man-made feature. This feature and any other wetlands and surface waters should be identified on any future plans for this property. The owner (or future owners) should notify the DWR (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 DWR 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 Karen Higgins, DWR 401 & Buffer Permitting Unit, 1617 Mail Service Center, Raleigh, NC 27699-1650. Individuals that dispute a determination by the DWR or Delegated Local Authority that "exempts" a surface water from the buffer rule if applicable 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. DWR 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 Division of Water Resources-Water Quality Regional Operations Section-Washington Regional Office 943 Washington Square Mall,Washington,NC 27889 Phone:252-946-64811 Fax:252-975-37161 Internet:www.ncdenr.gov An Equal Opportunity\ARrmalive Action Employer—Made in part by recycled paper Jimbo'sJumbo, Inc. Mr.G. Dallas Barnes, Registered Agent Stream Determination Page 2 of 2 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 existence of a man-made feature and does not approve any activity. 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 Anthony Scarbraugh in the Washington Regional Office at(252)948-3924. Sincerely, Robert Tankard,Assistant Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDENR Attachment: Figure 5 Flagging Location Map cc: DWR 401& Buffer Permitting Unit File Copy Zee B. Lamb, Edenton-Chowan Partnership, Inc: 305 West Freemason Street, Edenton, NC 27932 Cory Darnell, ECS Carolinas, LLP, 9001 Glenwood Avenue, Raleigh, NC 27617 Filename 13-0545 Ver.2 i I I THE WETLAND/TRIBUTARY LOCATIONS SHOWN ON THIS MAP ARE APPROXIMATE.THEY HAVE BEEN DELINEATED BY ECS ON Y2/2312014. THE PREVIOUS 8 ACRES WERE VERIFIED BY THE USACE AND NCDWR ON 4/30/13 AND 5/23113.THE SITE WAS EXPANDED TO INCLUDE AN ADDITIONAL.15 ACRES. THIS AREA HAS NOT BEEN VERIFIED BY USACE ORNCDWR AND HAS NOT BEEN SURVEYED.THIS MAP IS FOR PRELIMINARY PLANNING PURPOSES. JURISDICTIONAL AREAS ARE SUBJECT TO AGENCY VERIFICATION. STATE BUFFERS ARE NOT REQUIRED FOR THE SITE. LEGEND FLAG NUMBERSIINFO Approximate Location of Site Boundary o Approximate Location of Wetland WETLAND/JURISDICTIONAL ........ Approximate Location of Potential Jurisdictional Feature TRIBUTARY FLAGS Approximate Location of Culvert DP-1 40 Approximate Location of Data Point STREAM/POND FLAGS= <22> Approximate Location of Marginal Wetland Area Stream Flags=0 ......•• Approximate Location of Non-Jurisdictional feature Pond Flags=0 Wetland Flags=20 Total Flags=20 DP-1 JY ft (v W1 to W20 i DP-2 Potential Jurisdictional Tributary Jursdictionai ^16 Tributary r r DP-3 State Buffer Reauirements: None Watershed Classification=Class C: NSW Watershed=Chowan River Basin Nearest Water Body_Queen Anne Creek Local Buffer Requirements:None SOURCE: 77� z.^-:, FIGURE 5 FLAGGING LOCATION MAP Google Earth Peanut Farm 2013 Aerial Photograph and 222 Peanut Drive ECS Field Notes Edenton,Chowan County, North Carolina Not to Scale i, ---;fn ECS Project No. 06-20402-A FDE /TRIBUTARY LOCATIONS SHOWN ON THIS MAP ARE APPROXIMATE.THEY HAVE BEEN DELINEATED BY ECS ON 12/23/2014. S B ACRES WERE VERIFIED BY THE USACE AND NCDWR ON 4/30113 AND 5123/13.THE SITE WAS EXPANDED TO INCLUDE AN 5 ACRES. THIS AREA HAS NOT BEEN VERIFIED BY USACE OR NCDWR AND HAS NOT BEEN SURVEYED. THIS MAP IS FOR PLANNING PURPOSES. JURISDICTIONAL AREAS ARE SUBJECT TO AGENCY VERIFICATION. STATE BUFFERS ARE NOT R THE SITE. LEGEND FLAG NUMBERSANFO proximate Location of Site Boundary proximate Location of Wetland WETLAND/JURISDICTIONALproximate Location of Potential Jurisdictional Feature TRIBUTARY FLAGSproximate Location of Culvert DP-1 O Approximate Location of Data Point STREAM/POND FLAGS= Approximate Location of Marginal Wetland Area Stream Flags=0 •••••••. Approximate Location of Non-Jurisdictional Feature Pond Flags=0 Wetland Flags=20 Total Flags 20 DIP I +t' �? A w wNT n V liV W il.,. { ri' ik WitoW20 r-� E: J DP-2 f '^ R„ Potential Jurisdictional �T�c��'6? Tributary Jurisd(ctional �✓ t v Dp,3 State Buffer Requirements: None Watershed Classification=Class C: NSW Watershed=Chowan River Basin Nearest Water Body=Queen Anne Creek Local Buffer Requirements: None SOURCE: " FIGURE 5 1 FLAGGING LOCATION MAP GoGgle Earth Peanut Farm 2013 Aerial Photograph and �r , 222 Peanut Drive ECS Field Notes —� Edenton, Chowan County, North Carolina Not to Scale ECS Project No. 06-20402-A