20130545 Ver 1_Stream Call Letter_20130523

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North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild, P. E. John E. Skvarla, III
Governor Director I Secretary
May 23, 2013
DWQ # 13 -0545
Chowan County
Mr. Simon Rich
Edenton Chowan Partnership, LLC
101 Water Street
Edenton, NC 27932
Subject Property: Peanut Farm
UT to Queen Anne Creek, Chowan River Basin
On -Site Determination
Dear Mr. Rich:
On May 23, 2013, at your request Anthony Scarbraugh conducted an on -site determination to review unnamed tributary
(UT) to Queen Anne Creek located on the subject property. The feature is labeled as "13- 0545" on the attached map
initialed by Mr. Scarbraugh on May 23, 2013. The project is located at 222 Peanut Drive in Chowan County, NC.
At your request, Mr. Scarbraugh conducted on -site determinations as stated above. During his review, he evaluated the
stream using the DWQ Stream Classification Form. He evaluated the stream reach 13 -0545 at N 36.08357, W 76.58946
and found evidence that this is a man -made feature outside of a natural valley -way.
The Division of Water Quality (DWQ) has determined that the feature labeled as "13- 0545" on the attached map, and
highlighted in red has been determined to be a man -made feature. 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 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
North Carolina Division of Water Quality
943 Washington Square Mall
Washington, NC 27889
Phone: 252 - 946 -6481 \ FAX: 252 - 946 -9215
Internet: wwwmwaterguality.orq
An Equal Opportunity 1 Affirmative Action Employer
NorthCarolina
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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 man -made feature 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 (252) 948 -3924.
Sincerely,
For ales kid, P. E.
Attachment: copy of Wetland Flag Map
cc: DWQ Webscape Unit
File Copy
Cory Darnell, ECS Carolinas, LLP. 9001 Glenwood Avenue, Raleigh, NC 27617
Filename 13 -0545