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Home My WebLink About20140604 Ver 1_Buffer Determination_20150220NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor February 20, 2015 Jones and Carter, PA Attn: Mr. W. Hugh Jones, Jr. 304 West Sunset Street Ahoskie, NC 27910 Subject Property: Downs Farm UT to Deep Creek, Chowan River Basin On -Site Determination Dear Mr. Jones: Donald R. van der Vaart Secretary DWR # 14 -0604 V. 2 Hertford County On February 3, 2015, at the request of your consultant Mr. Cory Darnell of ECS Carolinas, LLP, Anthony Scarbraugh conducted on -site determination to review unnamed tributary (Ut) to Deep Creek located on the subject property to determine if the feature would be considered stream using the NC Division of Water Resources Stream Classification Form. The feature is labeled as "14 -0604 V. 2" on the attached map(s) initialed by Mr. Scarbraugh on February 20, 2015, 2015. The project is the northeast of Pops Lane and NC Highway 45 SE near the Town of Cofield, Hertford County. These determination were conducted in accordance with 15A NCAC .02B.0211. The Division of Water Resources (DWR) has determined that a portion of feature labeled as "14 -0604 V.2" on the attached map(s), and highlighted in blue are considered streams. The DWR has determined that a portion of feature labeled as "14 -0604 V.2" on the attached map(s), and highlighted in red is not considered stream. These features and any other wetlands and surface waters should be identified on any future plans for this property. 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 4650. 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 Division of Water Resources - Water Quality Regional Operations Section - Washington Regional Office 943 Washington Square Mall, Washington, NC 27889 Phone: 252 - 946 -6481 \ Fax: 252- 975 -3716\ Internet: www.nodenr.gov An Equal Opportunity l AKrmatve Acton Employer— Made in part by recycled paper Jones and Carter, PA Attn: Mr. W. Hugh Jones, Jr. Stream Determination Page 2 of 2 I i 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 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, zV Robert Tankard, Assistant Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDENR Attachment: Figure 5 Flagging Location Map cc: DWR 401 & Buffer Permitting Unit File Copy Cory Darnell, ECS Carolinas, LLP, 9001 Glenwood Avenue, Raleigh, NC 27617 Filename 14 -0604 V. 2 5129/14, AND 11/14/14). THE HAVE BEEN VERIFIED BY THE USACE AND THE NCOWR ON (7- 31 -14). ADDITIONAL AREAS TO THE NORTH HAVE NOT BEEN VERIFIED. THEY HAVE NOT BEEN SURVEYED. THIS MAP IS FOR PRELIMINARY PLANNING PURPOSES. BASED ON OUR REVIEW OF AND KNOWLEDGE OF STATE AND LOCAL BUFFER REQUIREMENTS, BUFFERS LEGEND Approximate Location of Site Boundary Approximate Location of Wetland ......• Approximate Location of Non - Jurisdictional Feature WA 1 -21 Flag Number /Approximate Location DP -i O Approximate Location of Data Point Approximate Location of Perennial Stream ....... Approximate Location of Intermittent Stream ® Approximate Location of Marginal Weiland Area State Buffer Requirements: None Watershed Classification = Class C; NSW Watershed = Chowan River Basin Nearest Water Body = Deep Creek Local Buffer Requirements: None Same as State Requirements Off She Wetlands and Streams (not Ragged) SOURCE: Hertford County, NC GIS 2010 Aerial Photograph and ECS Field Notes Approximate Scale: 1" = 500' W TRIBUTARY LAGS TIONAL TRIBUTARY FLAGS = STREAM/POND FLAGS Stream Flags - 0 Pond Flags = 0 Wetland Flags= 31 Total flags = 31 Marginal Wetland Area WA1 -14 WAA1 -17 DP -4 FIGURE 58 WETLAND FLAGGING MAP Nofet