20240701.Appeal Decision.Shallowford Rd.Forsyth County

North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1617 Mail Service Center Raleigh, North Carolina 27699-1617
919.707.9000

August 1, 2024 DWR Project # 20240884 Forsyth County Pilot Environmental, Inc. Attn: Michael Brame P.O. Box 128 Kernersville, NC 27285 Email: [e-mail]

Subject: Appeal Determination for Applicability to the Yadkin Pee-Dee Rules (15A NCAC 02B .0309)
Project: Shallowford Road Proposed Driving Range
Address: 7825 Shallowford Road, Lewisville, NC
Location: Lat., Long: 36.1032, -80.4564 Dear Mr. Brame: On July 29th, 2024, the Division of Water Resources (DWR) received a request from Michael Brame at Pilot Environmental, Inc. on behalf of their client to appeal an on-site Stream Determination for the segment of Stream “SA” above the crossing made by the DWR. This determination was made in accordance with the standardized “Methodology for
Identification of Intermittent and Perennial Streams and Their Origins” which includes the North Carolina Stream ID Manual Version 4.11. On July 29th, 2024, Maria Polizzi, Jennie Emmons and Samantha Wooten of DWR conducted an on-site inspection of the feature(s) on the subject site to determine applicability to the above mentioned regulations. Michael Brame and David Brame accompanied DWR during the site visit. The enclosed map(s) depict the feature(s) evaluated and this information is also summarized in the table below. Features were evaluated for being ephemeral, intermittent, and for subjectivity to the referenced regulations. The following table lists the features observed and evaluated for the appeal determination during the DWR site visit. See the attached map(s) for reference.

Docusign Envelope ID: CBF7237D-35B9-4AD9-89BD-C08EBF4D777D
Page 2 of 8 Shallowford Rd. Stream Appeal Determination DWR # 20240701

Feature ID Feature Type* Start @ Stop @ Depicted on
Soil Survey
Depicted on
USGS Topo SA Above Crossing Perennial Property Boundary Culvert Crossing Yes No
* stream (ephemeral, intermittent, perennial), ditch, swale, wetland, other
This appeal determination shall expire five (5) years from the date of this letter. This appeal determination for the section of reach “SA” upstream of the culvert crossing confirms the determination originally performed by the Division or as documented in their letter dated July 1, 2024, attached for reference.
This appeal determination is final and binding and can be contested as provided in
Chapter 150B of the North Carolina General Statutes by filing a Petition for a Contested
Case Hearing (Petition) with the North Carolina Office of Administrative Hearings
(OAH) within sixty (60) calendar days. Requirements for filing a Petition are set forth in Chapter 150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code. Additional information regarding requirements for filing a Petition and Petition forms may be accessed at http://www.ncoah.com/ or by calling the OAH Clerk’s Office at [phone]. A party filing a Petition must serve a copy of the Petition on: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601
If the party filing the Petition is not the owner, then the party must have authorization
from the owner or also serve the owner in accordance with N.C.G.S 150B-23(a).
This letter only addresses the applicability of the stated regulations on the features
identified on the subject property and/or within the proposed project area. This
letter does not approve any activity within buffers or within waters of the state. There may be other regulated waters, streams or other features located on the property or adjacent property that do not appear on the maps referenced above. Any waters, streams, or other features on the site, including the features identified in this letter, may be considered jurisdictional according to the US Army Corps of Engineers and subject to the Clean Water Act. Please note that the DWR acknowledges all areas and boundaries identified by the US Army Corps of Engineers as jurisdictional waters and/or wetlands. This determination is subject to review as provided in Articles 3 & 4 of G.S. 150B. If you have any additional questions or require additional information, please call Maria Polizzi with the DWR at 919-815-4586 or [e-mail].
Docusign Envelope ID: CBF7237D-35B9-4AD9-89BD-C08EBF4D777D
Page 3 of 8 Shallowford Rd. Stream Appeal Determination DWR # 20240701

Sincerely, Stephanie Goss, Supervisor 401 & Buffer Permitting Branch Attachments: Site Map, Published NRCS Soil Survey, USGS Topographical Map, Photos, Stream Rating Forms cc: 401 & Buffer Permitting Branch project file Jennie Emmons, Samantha Wooten, DWR Central Office Seren Homer, DWR Winston-Salem Regional Office David Brame, Pilot Environmental, Inc. Filename: 20240701_Appeal Decision_Shallowford Rd._Forsyth County

Docusign Envelope ID: CBF7237D-35B9-4AD9-89BD-C08EBF4D777D
Page 4 of 8 Shallowford Rd. Stream Appeal Determination DWR # 20240701

SA Upper (Approximate Stream Form Location)
SA directly above crossing (stream form location)
SA Upper (Approximate Stream Form Location)
SA directly above crossing (stream form location)
Docusign Envelope ID: CBF7237D-35B9-4AD9-89BD-C08EBF4D777D
Page 5 of 8 Shallowford Rd. Stream Appeal Determination DWR # 20240701

Photos of the in-stream sedge (Cyperaceae) vegetation on SA directly above the crossing.
Docusign Envelope ID: CBF7237D-35B9-4AD9-89BD-C08EBF4D777D
Page 6 of 8 Shallowford Rd. Stream Appeal Determination DWR # 20240701

Docusign Envelope ID: CBF7237D-35B9-4AD9-89BD-C08EBF4D777D
Page 7 of 8 Shallowford Rd. Stream Appeal Determination DWR # 20240701

Docusign Envelope ID: CBF7237D-35B9-4AD9-89BD-C08EBF4D777D
Page 8 of 8 Shallowford Rd. Stream Appeal Determination DWR # 20240701

SA Upper (Approximate Stream Form Location)
SA directly above crossing (stream form location)
Docusign Envelope ID: CBF7237D-35B9-4AD9-89BD-C08EBF4D777D