20191660 Ver 1_ Stream Determination Letter_20190910

SPATE o
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
Mr. James Cutler
Pyramid Environmental & Engineering
503 Industrial Ave
Greensboro, NC 27406
NORTH CAROLINA
Environmental Quality
September 10, 2019
Subject: On -Site Determination for Applicability to the Mitigation Rules (15A NCAC 2H .0500)
Subject Property: Penry Crossing, 402-404 Penry Rd, Greensboro NC, Guilford County
Dear Mr. Cutler:
On August 13, 2019, 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.
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, the Jordan Lake Buffer Rules
may apply to some streams at this location, please be sure to contact the local government for further
information regarding the Jordan 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 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
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
�'—�`f 336-776-9800

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 sue.homewood(a)ncdenr.gov.
Sincerely,
DocuSigned by:
466ED631098F411...
Sue Homewood
DWR Winston-Salem Regional Office
Enclosures: USGS Topo Map
Pyramid Potential Waters Map
Cc: Penry Crossing LLC ([e-mail])
David Bailey, USACE Raleigh Regulatory Field Office (via email)
DWR, Winston-Salem Regional Office
Page 2 of 2

SITE: 402 - 404 Penry Road LOCATION: Greensboro, North Carolina
USGS IDENTIFICATION
USGS 7.5
MINUTE MAP
McLeansville, NC
ORIGINAL DATE:
2016
PHOTOREVISION
N/A
DATE:
PRIMARY HIGHWAY, HARD SURFACE
SECONDARY HIGHWAY, HARD SURFACE
SCALES
1/2 0 1
MILES:
1000 0 2000 4000 6000
FEET:
1 " = 2000'
NOTES: TOPOGRAPHICAL CONTOUR INTERVAL = 10 FEET
► PHOTOREVISIONS DENOTED IN PURPLE
IMPROVED' SURFACEnrN v vn I COUNTY MAP OF:
MAGNETIC
NORTH CAROLINA
— — — UNIMPROVED ROAD
O STATE ROAD
0 U.S. ROUTE COUNTY: Guilford
INTERSTATE ROUTE APPROXIMATE SITE LOCATION
®rfflrMyers Development Group, LLC = 2,000NOTES
1" '
BSI—T GRAPHIC IS MAP USED IN THIS
NAH GRAPHIC D MAPPED, EDITED, AND
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LaJ1 Myers Development Group, LLC I 05/29/19 L�J TRC Graphic Scale in Feet
N 402-404 Penry Road g AER BSH 0 100 200
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