20061137 Ver 2_NCDWR Buffer Determination Letter_2018-10-03_20210329

North Carolina Department of Environmental Quality  Division of Water Resources
450 W. Hanes Mill Rd, Winston-Salem, NC 27107
336.776-9800

October 3, 2018

Martin Richmond
WithersRavenel
115 MacKenan Drive
Cary NC 27511

Subject: On-Site Determination for Applicability to the Mitigation Rules (15A NCAC 2H .0500)
On-Site Determination for Applicability to the Randleman Lake Buffer Rules (15A NCAC 2B .0250)
Subject Property: 1315 Jackson Lake Rd, High Point NC, Guilford County

Dear Mr. Richmond:

On July 10, 2018, at your request, Sue Homewood 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 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 and buffer determinations conducted during the site
visit. In addition, a feature noted as Feature A on the attached Buffer Determination Exhibit was not
present in the field and therefore is not subject to the Randleman Lake Buffer Rules.

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 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
Page 2 of 2

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 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,

Sue Homewood
Winston-Salem Regional Office

Enclosures: USGS Topo Map
WithersRavenel Buffer Determination Exhibit
WithersRavenel Wetland/Buffer Delineation Exhibit

Cc: Robby Stone, City of High Point ([e-mail])
David Bailey, USACE Raleigh Regulatory Field Office (via email)
DWR, Winston-Salem Regional Office