HomeMy WebLinkAbout20210915 Ver 1_On Site Determination_20200413ROY COOPER
Governor
MICHAEL S. REGAN
Secretory
S. DANIEL SMITH
Director
Jonathan Grubb
ECS Southeast
7614 Netherlands Dr
Wilmington, NC 28405
NORTH CAROLINA
Environmental Quality
April 13, 2020
Subject: On -Site Determination for Applicability to the Mitigation Rules (15A NCAC 2B .0500)
Subject Property: Reedy Fork Ranch Development, Guilford County
Dear Mr. Grubb:
On December 12, 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 initialed and dated maps accurately depict all DWR stream determinations conducted
during the site visit.
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 apply
to some streams within this property/project, please be sure to contact the local government for further
information regarding the Jordan Lake Buffer Rules. Please note that these regulations may be 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.
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
-1/E
NORTH CAROLINA
North Carolina Department of Environmental Quality I Division of Water Resources
Winston-Salem Regional Office 1450 West Hanes Mill Road, Suite 300 I Winston-Salem, North Carolina 27105
336.776.9800
Geparlmentn[ M Environmental Quay
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.homewood@ncdenr.gov.
Sincerely,
DocuSigned by:
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"-456ED631098F411...
Sue Homewood
Winston-Salem Regional Office
Enclosures: USGS Topo Map
ECS Wetlands and Waters Maps - initialed and dated
Cc: Reedy Fork Associates LLC (cporterfield@deepriver.com)
David Bailey, USACE Raleigh Regulatory Field Office (via email)
DWR, Winston-Salem Regional Office