20151025 Ver 1_Buffer Determination_20151027

Pat McCrory
Governor
North Carolina Department of Environmental Quality
October 27, 2015
H &R Investment of Camden, LLC and Eastern Carolina Construction, Inc.
Attn: Mr. Sean C. Robey
P.O. Box 128
Camden, NC 27921
Subject Property: Eastern Carolina Construction
UT to Sawyers Creek, Pasquotank River Basin
On -Site Determination
Dear Mr. Robey:
Donald R. van der Vaart
Secretary
DWR # 15 -1025
Camden County
On October 22, 2015, at the request Anthony Scarbraugh conducted on -site determination to review
unnamed tributary (Ut) to Sawyer Creek located on the subject property to determine if the feature would
be considered streams using the NC Division of Water Resources Stream Classification Form. The feature is
labeled as "15- 1025" on the attached map(s) initialed by Mr. Scarbraugh on October 27, 2015. The project
is located at 317 and 321 US Highway 158 East near the Town of Camden, Camden County. These
determinations were conducted in accordance with 15A NCAC .02B .0211.
At your request, Mr. Scarbraugh conducted on -site determination as stated above. During his review, he
evaluated the stream using the DWR Stream Classification Form.
Feature Not Subject E /I /P* Start@ Stop@
Subject to to
Buffers Buffers
15 -1025 X E (Ditch) @ Flag 15 -1025 Begin @ Flag 15 -1025 End
The Division of Water Resources (DWR) has determined that a portion of feature labeled as "15 -1025' on
the attached map(s), and highlighted in red are not considered streams. These 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 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 may ask
for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. Applicants
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 Oppodunity 1 Affirmative Action Employer — Made in part by recycled paper

Mr. Cliff Keel
Stream Determination
Page 2 of 2
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 1508 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 stream determinations and does not 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,
W
Robert Tankard, Assistant Re on Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ
Attachment: USGS Topographic 1:24,000 Quadrangle Map "Elizabeth City'
cc: Chester Bigelow, USACE Washington Regulatory Field Office (via email)
Pat McClain, DEMLR WaRO (via email)
Laserfiche
File Copy
Filename 15 -1025

KS]
Feature: 15 -1025
0