Alamance Quarry Stream Determination Letter (1)

STATE o
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
Mr. Wyatt Brown
Brown's Environmental Group Inc.
9001 Glenwood Ave
Raleigh, NC 27617
NORTH CAROLINA
Environmental Quality
February 28, 2019
Subject: On -Site Determination for Applicability to the Mitigation Rules (15A NCAC 2H .0500)
On -Site Determination for Applicability to the Jordan Lake Buffer Rules (15A NCAC 2B .0267)
Subject Property: Alamance Quarry, Snow Camp, Alamance County
Dear Mr. Brown:
On July 6, 2018, at your request I conducted an on -site determination to review features located on the
subject project for stream determinations with regards to the above noted state regulations. David Bailey
with the US Army Corps of Engineers (USACE) was also present during the site visit.
The Division acknowledges the areas and boundaries identified as jurisdictional wetlands by the USACE.
The attached sketch accurately depicts all stream determinations conducted during the site visit.
During the site visits, Stream 1 below the confluence of Stream 1-A and Stream 3 below the confluence
of Stream 3B were determined to be perennial streams and Streams 2, 2-A, 1-A, 1 above the confluence
of 1-A, 3A, 3B and 3 above the confluence of 3B were determined to be intermittent streams.
Please note that at the time of this letter, all perennial stream channels and jurisdictional wetlands found
on the property are subject to the mitigation rules cited above. In addition, all intermittent and perennial
streams, as shown on the attached sketch are subject to the above referenced Jordan Lake Buffer Rules.
For Stream 3 and Stream 3B, the Jordan Lake Buffers apply to the channel starting at the DWR flag points
as noted on the attached sketch.
The owner (or future owners) should notify the Division (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 Division or Delegated Local
Authority that a surface water exists and that it is subject to the buffer rule may request a determination
by the Director. A request for a determination by the Director shall be referred to the Director in writing
North Carolina Department of Environmental Quality I Division of Water Resources
Winston-Salem Regional Office 1450 W. Hanes Mill Road, Suite 3001 Winston-Salem, North Carolina 27105
^a—�`f 336-776-9800

c/o 401 & Buffer Permitting Branch, 1650 Mail Service Center, Raleigh, NC 27699-1650. Individuals that
dispute a determination by the Division or Delegated Local Authority that "exempts" 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. The
Division 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 mitigation rules and the buffer rules and does not
approve any activity within Waters of the United States or Waters of the State or their associated buffers.
If you have any additional questions or require additional information, please contact me at 336-776-9693
or [e-mail].
Sincerely,
l
Sue Homewood
Winston-Salem Regional Office
Enclosures: USGS Topo Map
Brown's Stream/Wetland Location Map
Cc: Snow Camp Properties LLC, PO Box 87, Randleman NC 27317
David Bailey, USACE Raleigh Regulatory Field Office (via email)
DWR, Winston-Salem Regional Office
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