20140703 Ver 1_Stream Call Letter_20140813

AC&ENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
August 13, 2014
Mr. David Simons
931 Benthall Bridge Road
Murfreesboro, NC 27855
Subject Property: Simons Farm
Uts to Horse Swamp, Chowan River Basin
Dear Mr. Simons:
John E. Skvarla, III
Secretary
DWQ # 14 -0703
Hertford County
On August 6, 2014, at the request of your consultant Mr. Cory Darnell of ECS Carolinas, LLP, Anthony
Scarbraugh conducted on -site determinations to review unnamed tributaries (Uts) to Horse Swamp located
on the subject property to determine if the features would be considered streams using the NC Division of
Water Resources Stream Classification Form. The features are labeled as "140703 A, 14 -0703 B and 14-
0703 C' on the attached maps initialed by Mr. Scarbraugh on August 13, 2014. The project is located end of
Colice Hall Lane near the Town of Ahoskie, Hertford County.
The Division of Water Resources (DWR) has determined that a portion of features labeled as "14 -0703 A,
14 -0703 B and 14 -0703 C„ on the attached maps, and highlighted in red are not considered streams. The
feature "14 -0703 A" begins on -site at approximately 36.30722 N, 77.00389 and continues flowing to the
southeast and then northeast offsite. The feature labeled as "14 -0703 B" starts onsite at approximately
36.30791 N, 77.00398 W and continues to a junction with feature "14 -0703 A." The feature labeled as "14-
0703 C starts onsite at approximately 36.30964 N, 77.00241 W and continues to a junction with feature
"14 -0703 B."
The owner (or future owners) should notify the DWR (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 DWR
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 Karen Higgins,
DWR 401 & Buffer Permitting Unit, 1617 Mail Service Center, Raleigh, NC 27699- 1650. Individuals that
dispute a determination by the DWR or Delegated Local Authority that "exempts" a surface water from the
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. DWR 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 1508 of the North
Division of Water Resources — Water Quality Regional Operations Section — Washington Regional Office
943 Washington Square Mall, Washington, NC 27889
Phone: 252 - 946 -6481 t Fax; 252 -975 -37161 Internet: www.ncdenr.gov
An Equal Opportunity 1Affirmative Action Employer— Made in part by recycled paper

Mr. David Simons
Stream Determination
Page 2 of 2
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 stream determinations 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 Anthony Scarbraugh in the Washington Regional Office at (252) 948 -3924.
Sincerely,
Robert Tankard, Assistan Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDENR
Attachments: USGS Topographic 1:24,000 Quadrangle Map "Ahoskie"
ECS Figure 5 Stream /Wetland Flag Location Map
cc: DWR 401 & Buffer Permitting Unit
File Copy
Cory Darnell, ECS Carolinas, LLP,
9001 Glenwood Avenue, Raleigh, NC 27617
Filename 14 -0604

SCALE 1:12000
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THE STREAM/PONDAYETLAND LOCATIONS SHOWN ON THIS MAP ARE APPROXIMATE. THEY HAVE BEEN DELINEATED BY ECS (03/11114).
THEY HAVE NOT BEEN VERIFIED BY THE USACE NOR THE NCDWR. THEY HAVE NOT BEEN SURVEYED. THIS MAP IS FOR PRELIMINARY
PLANNING PURPOSES. JURISDICTIONAL AREAS ARE SUBJECT TO AGENCY VERIFICATION. BASED ON OUR REVIEW OF AND KNOWLEDGE
OF STATE AND LOCAL BUFFER REQUIREMENTS, BUFFERS ARE NOT REQUIRED FOR THIS SITE. AGENCY VERIFICATIONS WILL CONFIRM
OUR FINDINGS.
LEGEND
Approximate Location of Site Boundary
ti Approximate Location of Perennial Stream
%, Approximate Location of Jurisdictional Ditch
G� Approximate Location of Wetland
Approximate Location of Non- JuNsdictional Feature
Approximate Location of Culvert
SA 1-21 Flag Number /Approximate Location
DP -1® Approximate Location of Data Point
Approximate Location of Marginal Area
® Approximate Location of House and Debris
Additional Area
Evaluated
SOURCE:
Hertford County GIS
2010 Aerial Photograph and
ECS Field Notes
Approximate Scale: 1" = 500'
DAI -24
FLAG NUMBERS/INFO
WETLAND /JURISDICTIONAL
TRIBUTARY FLAGS =
STREAWPOND FLAGS =
Stream Flags = 70
Pond Flags =0
Wetland Flags = 0
Total Flags = 70
DB1 -37
FIGURE 5
STREAM/WETLAND
FLAG LOCATION MAP
Simons Farm
Colice Hall Lane
Ahoskie, Hertford County, North
ECS Project #: 06. 21455