20090530 Ver 1_Buffer Determination_20090512

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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
May 12, 2009
Froehling & Robertson, Inc.
Mr. Thomas P. Colson
310 Hubert Street
Raleigh, NC 27603-23021
Subject Property: Ahoskie Creek Park
Ahoskie Creek, Chowan River Basin
On-Site Stream Determinations - EXPRESS REVIEW PROGRAM
Dear Mr. Colson:
Dee Freeman
Secretary
DWQ Express #09-0530
Hertford County
On March 24, 2009, at your request I conducted an on-site determination to review drainage features located on the
subject property for stream determination. The feature is labeled as "A, B, D" on the attached maps initialed by me on
March 24, 2009, are either intermittent or perennial streams.
The Division of Water Quality (DWQ) has determined that the features labeled as "A, B, D" on the attached maps
are considered perennial or intermittent streams. Specifically, features labeled A and B were rated as perennial
streams, the feature labeled D (starting at the conjunction of streams B and D and continuing upstream to the
point indicated on the attached maps) was rated as an intermittent stream. 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 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 John Dorney, DWQ Wetlands/401 Unit, 2321 Crabtree Blvd., Raleigh, NC 27604-
2260. Individuals that dispute a determination by the DWQ or Delegated Local Authority that "exempts" a surface water
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.
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
North Carohna
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Please note that although features C, E, F, G, H, I, J, and K were rated as ephemeral features they may be
considered to be linear wetlands. It is therefore recommended that the Army Corp of Engineers (ACE) be contacted A
before any grading activities commence.
This letter only addresses the applicability of the subject features as being considered perennial or intermittent
streams. This letter 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 Roberto Scheller in the Washington
Regional Office at 252-948-3940.
Sincerel ,
For Coleen H. ?ul ins
Attachments:
Hertford County Soil Survey map
USGS Union/Ahoskie Quad map
Aerial map
cc: Tony Hammond, Town of Ahoskie
DWQ 401/Express Raleigh Office
File Copy
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