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HomeMy WebLinkAboutSW4191001_Winding Creek SD Stream Determination Letter_2/6/2020ROY COOPER Governor MICHAEL S. REGAN Secretary LINDA CULPEPPER Director Michael Brame Pilot Environmental Inc. P.O. Box 128 Kernersville, NC 27285 NORTH CAROLINA Environmental Quality September 20, 2019 Subject: On -Site Determination for Applicability to the Mitigation Rules (15A NCAC 2B .0500) On -Site Determination for Applicability to the Jordan Lake Buffer Rules (15A NCAC 213.0250) Subject Property: Winding Creek Subdivision, Alamance County Dear Mr. Brame: On September 11, 2019, at your request, I conducted an on -site determination with Seren Homer from Pilot Environmental to review features located on the subject project for stream determinations with regards to the above noted state regulations. The attached maps and sketch depict the channels that were evaluated. Channels as circled on the attached maps were determined not to be present on the property and therefore not subject to the rules stated above. Please note that these regulations maybe subject to change in the future. 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. North Carolina Department of Environmental Quality I Division of Water Resources _ Winston-Salem Regional Office 1450 W. Hanes Mill Road, Suite 300 I Winston-Salem, North Carolina 27105 a.n'f 336-776-9800 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 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 sue.homewoodL),ncdenr.gov. Sincerely, DocuSigned by: � i�omeu.00d 456E D63109SF411... Sue Homewood Winston-Salem Regional Office Enclosures: USGS Topo Map Alamance County Published Soil Survey Pilot Environmental sketch Cc: Bob Brame (Bob@holoquest.org) Shawn Sidener, EarthCentric Engineering Inc, (via email) Scott Sink, DEMLR (via email) DWR, Winston-Salem Regional Office Page 2 of 2