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HomeMy WebLinkAbout20200320 Ver 1_Stream Determination Letter_20200228North Carolina Department of Environmental Quality  Division of Water Resources Winston-Salem Regional Office  450 W. Hanes Mill Road, Suite 300  Winston-Salem, North Carolina 27105 336-776-9800 MICHAEL S. REGAN Secretary LINDA CULPEPPER Director ROY COOPER Governor NORTH CAROLINA Environmental Quality February 28, 2019 Mr. Wyatt Brown Brown’s Environmental Group Inc. 9001 Glenwood Ave Raleigh, NC 27617 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 Page 2 of 2 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 sue.homewood@ncdenr.gov. Sincerely, 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