20100774 Ver 1_Complete File_20110922

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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
September 22, 2011
Dee Freeman
Secretary
DWQ # 10-0774
Tyrrell County
Mark Petro
Post Office Box 401
Columbia, NC 27929
Subject Property: Petro Property
UT to Scuppernong River, Pasquotank River Basin
On-Site Determination of Surface Waters of the State of North Carolina
Dear Mr. Petro:
This letter is a follow-up to a previous stream determination conducted on-site by Mr. Chris
Pullinger of this Office. This letter also serves as a review for confirmation and documentation of
the previous call. On October 12, 2011, 1 conducted an on-site determination to review the
drainage feature located on the subject property. The feature is labeled as "10-0774" on the
attached map and initialed by me on September 22, 2011 and serves as a written record for your
files. The project site is located approximately 0.25 miles southwest of the intersection of
Bodwell Road (SR 1108) and Newlands Road (SR 1105) in Tyrrell County.
The Division of Water Quality (DWQ) has determined that the surface water that is circled,
highlighted in red, and labeled as "10-0774" on the attached map appears to be a man-made ditch
that would not be considered to be a natural stream. This feature may be considered a
jurisdictional feature by the U.S. Army Corps of Engineers. This feature and any other wetlands
and surface waters should be identified on any future plans for this property. It is recommended
that the Army Corps of Engineers (USACE) be contacted to review the project area to determine
jurisdictional wetlands and surface waters.
The owner (or future owners) should notify the DWQ (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 DWQ or Delegated Local Authority that a surface water
exists and subject to the buffer rules (if applicable) 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, 1650 Mail Service Center, Raleigh, NC 27699-1650. Individuals that dispute a
North Carolina Division of Water Quality
943 Washington Square Mall
Washington, NC 27889
Phone: [phone] \ FAX: [phone]
Internet: www.ncwaterquality.orq
An Equal Opportunity \ Affirmative Action Employer
NorthCarofina
Aatarall
determination by the DWQ or Delegated Local Authority that "exempts" a surface water from the
buffer rule 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. 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 1506 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 the applicability to the existence of a stream 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 [phone].
AC-oleen erel
For H.. ullins
Attachment: USGS Creswell SW Quad map
cc: DWQ 401/Wetland Express Unit
josh Pelletier, Corps of Engineers Washington Field Office
File Copy
Filename 10-0774
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NC DWQ Stream Identification Form Version 4.11
Date: Project/Site: fem. mapc2lw Latitude: 35 G 6-1
rf3 5
Evaluator: ?'c?o_tg2(*Jb i County: + iR?? Longitude:
Total tal Points:
Stream is at least intermittent
if? 19 or perennial if a 30' Stream Determination (circle one)
Ephemeral Intermittent Perennial Other i
e.g. Quad Name: 00,65 wR-L-t w
A.. veomor polo (Subtotal=
)
'
Absent
Weak
Moderate
Strong
1
- Continuity of channel bed and bank 0 1 2

2. Sinuosity of channel along thalweg
0
1
2 3
3
3. In-channel structure: ex. riffle-pool, step-pool,

ripple-pool se uence 0 1
2
3
4. Particle size of stream substrate 0 1 2

5. Active/relict floodplain
0
1 3
2 3
6. Depositional bars or benches 0 1 2

7. Recent alluvial deposits
0
1 3

' 2 3
8
. Headcuts 0 1 2 3
9. Grade control 0 0.5 1 1 5
10. Natural valley 0 0.5 1 1.5
11. Second or greater order channel
e No = 0 Yes= 3
a. ? .......-, - uiswsswns in manual
B. Hydrology (Subtotal =
12. Presence of Baseflow 0 1 2 3
13. Iron oxidizing bacteria 0 1 2 3
14. Leaf litter 1.5 1 0.5 0
15. Sediment on plants or debris .0 0.5 1 1.5
16. Organic debris lines or piles
17. Soil based evidence of high water table? 0 0.5
No ='O 1 1.5
Yes = 3
18. Fibrous roots in streambed 3 2 1 0
19_ Rooted upland plants in streambed 3 2 1 0
20. Macrobenthos (note diversity and abundance) 0 1 2 3
21. Aquatic Mollusks 0 1 2 3
22. Fish 0 0.5 1 1.5
23. Crayfish 0 0.5 1 1.5
24. Amphibians 0 0.5 1 1.5
25. Algae 0 0.5 1 1.5
26. Wetland plants in streambed FACW = 0.75; OBL = 1.5 Other = 0
.perennial streams may also be identified using other methods. See p. 35 of manual.
Notes:

Sketch:
Michael F. Easley, Governor
SZ4pF W ATFgQ ID-0
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William G. Ross Jr., Secretary
> r North Carolina Department of Environment and Natural Resources
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0 N, Colleen Sullins, Director
Division of Water Quality
Stream Origin Determination
Applicant/Owner's Name (corporation/individual who is legally responsible for the property and its compliance:
Mark Petro _
Applicant/Owner Address: _148 Scuppernong Lane P, 5? y 01 C`' L, U
Applicant's phone number: _910-814-7538 Fax number: _no fax machine
Applicant's email address: _markpetro]Wuno.com
Contact person Name (if applicable): _same
Consultant address (if applicable): _NIA
Consultant's phone number: .NIA
Consultant's email address: .NIA
Name of Project: -private home site improvement
d rte ?? . .. `,
Fax number: .NIA SEP
County: T
_ yrrell.,?
Nearest Named stream + River Basin (from USGS topographic map):
_No named streams border the property although there is a blue-line ditch which serves as our western property boundary and
which does show on the 1:24000. The nearest named stream is the Scuppernong River (about 1.25 miles to the west).
Please provide a brief description of this project (attach site plan if available):
_Subjectproperty used to be farmland It was abandoned a decade ago, growing wild over theyears and is now covered with
young trees and scrub. I bought the land to build and retire on. I felt I should contact you to make sure there is nothing I
need worry about regarding backfilling portions of the ditches so grandchildren don't play in and elderly relatives don't fall in
and to obtain permission from you to build as and where I please on this property-avoiding the possible 50 foot setback`
requirements you mentioned when you and I first conversed. The ditches range in dimensional cross-section from I ft deep x
2ft wide to 5 ft deep x ]Oft wide. Location maps attached. Sketches attached.
Please attach a map of site location indicating project boundaries using USGS 1:24,000 topo map and NRCS county soil survey.
Location of project site - please include reference to the county, nearest named town and highway number:
.Subject property is located about six miles west of Columbia, NC in Tyrrell county. It's 911 address is 9905 Newlands Road
and is located approximately % mile south of where Newlands Road intersects Bodwell Road.
-This application serves as authorization for you or your representative to enter upon the property for
purposes of making a stream determination.
Has any DWQ staff visited the site? No_, if yes, please provide DWQ staff name,
visit:
and date of
This form may be submitted via email ([e-mail]), faxed (252-946-9215), mailed or hand-delivered to:
943 Washington Square Mall, Washington, NC 27889. (Note: Submittals of the review packages on Friday after 12:00 pm will
be stamped as received on the next business day).
Please contact Chris Pullinger at 252-948-3920 if you have any questions regarding this form.
North Carolina Division of Water Quality Internet: h2o.enr.state.nc.us
943 Washington Square Mall Phone: [phone]
Washington, NC 27889 FAX [phone]
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
NorthCarohna
Naharaliff

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Chris Pullinger
Environmental Specialist
DWQ /Washington Regional Office
Wetlands/ 401 Unit
Greetings Mr. Pullinger,
You and I first spoke on or about August 18, 2010 regarding a 12.5 acre tract of land my wife
and I had recently purchased and which is located a few miles west of Columbia, NC. You
e-mailed me an application and instructions for a Stream Origin Determination. A copy of
your original e-mail accompanies this packet.
Please review the packet, let me know if you need anything further and please contact me to
set up a meeting at the site if you think it is necessary. I always have my phone on and
nearby because of work so feel free to call me at any time. I access my e-mail on a daily basis
so that method of contact will work too.
We are looking to build a retirement home and outbuildings on our property and would
appreciate your advice with regards to environmental sensitivity. I have attached a printout
of the Columbia West USGS 1:24000. It shows a blue-line ditch as our western property
boundary. We will never develop within within 100 feet that ditch; however, we are looking
for permission to backfill the small ditch that runs east/west through the lot from where it
begins from the east to a point at which it intersects the smaller north/south cut. We also
need to hear from you that we don't need to worry about a development setback from any
of the ditches other than the blue-line.
Please review the printouts and call me if you have any questions, comments or concerns.
Thanks again for your help in this matter.
Mark D. Petro
Printable Version
JUN esscage 49nte -
From: ;'Pullinger, Chris" <[e-mail]>
To: "[e-mail]" <[e-mail]>
Cc: "[e-mail]" <Josh. R. [e-mail]. mil>
Sent: Mon, Aug 16, 2010 10:33 AM
Subject: Stream call request
2008 Stream App.doc (283KB), application lette... (144KB)
Page 1 of 1
Mr. Petro,
Here is the application for requesting a stream determination for the purposes of
determining where the Tar-Pamlico riparian buffer rules might apply, as well as a
document indicating where to find the maps that show the features referred to commonly
as `blue-line streams'. I've cc'ed Mr. Pelletier with the US Army Corps of Engineers so
that you can contact him and see if he needs to make a field visit to determine if there are
any features that would fall under his jurisdiction, so he and I can try and coordinate our
site visits, if possible. If you. have any questions, please let me know what I can do to
help. Once I get your application back, I'll give you a call to try and set up a date that
works for you and Mr. Pelletier to do the site visit.
E-mail correspondence to and from this address may be subject to the
North Carolina Public Records Law and may be disclosed to third parties.
Chris Pullinger
Environmental Specialist
NC Division of Water Quality
Surface Water Protection Section
Washington Regional Office
www.ncwaterquality.org
252.948.3920
As of April 2009, my new e-mail address is: [e-mail]
http://webmailb. j uno. comlwebmaillnew/8?folder=Inbox&command=print&msgList=0000... 8/17/2010
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