20100090 Ver 1_Buffer Determination_20100209

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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
February 9, 2010
Mr. F. Tyndall Lewis
Post Office Box 1776
Goldsboro, NC 27533
Dee Freeman
Secretary
DWQ EXP# 10-0090
Tyrrell County
Subject Property: Property Located East of Columbia off Hwy. 64, Well Site #3
Drainage Feature to Unnamed Tributary to Scuppernong River, Pasquotank River Basin
On-Site Stream Determination -EXPRESS REVIEW PROGRAM
Dear Mr. Lewis:
On February 4, 2010, 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 "A-1, A-2, and B-1" on the attached maps initialed by me on February 9,
2010.
The Division of Water Quality (DWQ) has determined that the feature labeled as "A-1, A-2, and B-1" on the
attached maps, and highlighted in red is not considered an intermittent or perennial stream. The subject feature
starts next to drainage feature and newly constructed road at N 35° 55.035', W 76° 13.898' and marked with yellow DWQ
flagging tape. The feature goes south to a right hand turn in the road to a second yellow DWQ flag at N 35° 54.852', W
76° 13.905'. From the second point (A-2) the feature goes west to point N 35° 56.851' W 76° 14.117'and is marked on
the ground with yellow DWQ flagging (see attached maps). 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 Mall
Washington, NC 27889
Phone: [phone] FAX: [phone]
Internet: www.ncwaterquality.orq
An Equal Opportunity 1 Affirmative Action Employer
North Carolina
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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].
S' cerely,
11 For Coleen H. Sullins
Attachments: Tyrrell County Soil Survey map
USGS Columbia East Quad map
Goggle Earth map
cc: DWQ 401/Wetland Express Unit
File Copy
Filename 10-0090