20100003 Ver 1_Ephemeral/intermittent/Perenial_20100108

NCDEE R
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Division of Water Quality
Coleen H. Sullins
Director
Dee Freeman
Secretary
Hyman & Robey, PC
Mr. Doug Abbott & Ms. Kim Hamby
Post Office Box 339
Camden, NC 27921
DWQ EXP# 10-0003
Currituck County
January 8, 2010
Subject Property: Property Located off Hwy. 34 North, Equestrian Downs Subdivision
Drainage Feature to Cowells Creek, Pasquotank River Basin
On-Site Stream Determination -EXPRESS REVIEW PROGRAM
Dear Mr. Abbott & Ms. Hamby:
On January 8, 2009, at your request, I conducted an on-site stream determination to review a drainage feature located on
the subject property. The feature is labeled as "10-0003A to 10-0003B" on the attached maps initialed by me on January
8, 2010.
The Division of Water Quality (DWQ) has determined that the feature labeled as "10-0003A to 10-0003B" on the
attached maps, and highlighted in red is not considered an intermittent or perennial stream. The subject feature
starts at surveyed iron pin next to the subject drainage feature (N 36° 26.641', W 76° 05.441') and follows the subject
drainage upstream to a second survey iron pin (N 36° 26.605', W 76° 05.673'). Both points are marked on the ground
with yellow DQW buffer flags. This on-site determination shall expire five (5) years from the date of this letter. Please
note that although the subject feature is not considered a stream it may be considered to be linear wetlands. It is therefore
recommended that the Army Corp of Engineers (ACE) be contacted to review the subject feature.
Landowners or affected parties that dispute a determination made by the DWQ 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 John Dorney, DWQ Wetlands/401 Unit, 2321 Crabtree Blvd., Raleigh, NC 27604-
2260. Individuals that dispute a determination by the DWQ or Delegated Local Authority 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
North Carolina Division of Water Quality
943 Washington Square Mail
Washington, NC 27889
Phone: [phone] FAX: [phone]
Internet: www.ncwaterquality.orq
An Equal Opportunity 1 Affirmative Action Employer
NorthCarolina
Nahma!!,ff
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 determination only 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 Roberto Scheller
in the Washington Regional Office at [phone].
Since ly,
Fo" r H inl s
Attachments: Currituck County Soil Survey map
USGS Currituck Quad map
Goggle Earth map
cc: ?WQ 401/Wetland Express Unit
File Copy
Filename 10-0003
Reviewed
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