20120648 Ver 1_Stream Call Letter_20120727

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North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild Dee Freeman
Governor Director Secretary
July 27, 2012
Tommy Hardison
112 Applewood Drive
Moyock NC 27958
DWQ Project # 12 -0648
Currituck County
Subject Property: Moyock Landing Drainage Feature
Pasquotank River Basin, UT to Moyock Run
On -Site Stream Determination
Dear Mr. Hardison:
On July 25, 2012, at your request I conducted an on -site determination to review the blue
line feature located on the subjecCase number 133 is labeled as "B" on the attached
map initialed by me on July 27, 2012. The project is located at Applewood and
Creekside Drive in the Moyock Landing Subdivision.
At your request, I conducted an on -site determination as stated above. During my review
I evaluated the stream using the DWQ Stream Classification Form. I evaluated the
stream reach B and calculated the score to be 14.5 points and stream reach C and
calculated the score to be 22.5 points. The form states that if the score is "greater than or
equal to 19 points the stream is at least intermittent ". Segment A was not rated as it was
a man-made ditch system outside of a natural valley -way and without indications of
permanent water.
The Division of Water Quality (DWQ) has determined that the surface water
labeled as "C" on the attached map is a subject feature. This stream and its
associated buffers should be identified on any future plans for this property. 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 that it is subject to the buffer
North Carolina Division of Water Quality Internet: www.newaterqualitorg
943 Washington Square Mall Phone: [phone] One
Washington, NC 27889 FAX [phone] NofthCarolina
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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, DWQ, Wetlands,
Buffers, Stormwater, Compliance and Permitting Unit (WBSCP) Mail Service Center,
Raleigh, NC 27699 -1650. Individuals that dispute a 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 150B 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 buffer rules and does not approve any
activity within the buffers. 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 Amy Adams at (252) 948 -3917.
S' cerely,
I
Enclosures: Determination Map
cc: DWQ 401 Oversight /Express Unit
WaRO File Copy
Eddie Hyman, Hyman & Robey
Kyle Barnes, USACE, Washington Regulatory Field Office
Filename: 12- 0648_ Hardison _MoyockLndg_StreamDet /aa

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