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HomeMy WebLinkAbout20141176 Ver 1_Buffer Determination_20141222c4i f2 NCDENR North Carolina Department of Environment and Natural Resources December 22, 2014 CERTIFIED MAIL RECEIPT 7013 3020 0000 7632 0604 Phil May Carolina Ecosystems, Inc. SO4ON[42West Clayton, KJC2752O Subject Property: Waste Industries High Point Landfill Drainage WI-08 John E. SkVar'l2,III Secretary DWR Project # 2014-1176 Guilford County On-She Determination for Applicability to the Randleman Lake Water Supply Watershed: Protection and Maintenance of Existing Riparian Buffer Rule (15ANCAC2B.O25O) Dear Mr. May: On December 11, 2014, at your request, Sue Homewood of the Division of Water Resources (DWR) conducted on on-site determination to review one feature located on the subject site for applicability to the Randleman Lake Buffer Rules (15ANCAC 2B .0250). The feature is labeled as drainage VV|-Q0on the attached map. City of High Point staff has previously conducted anon-site determination of this feature. |n your letter to the Director dated November lCi3O14,you requested an appeal of their determination as provided within the City's Ordinance. Ms. Homewood conducted an appeal of the original City ofHigh Point determination as stated above. During the review, Ms. Homewood evaluated drainage VV|-OQ using the [)VVRStream Classification Form. Ms. Homewood evaluated drainage VV|-O8 and received a score of19.5onthe DVVRforno. The form states that if the score is "greater than or equal to 19 points the stream is intermittent". However, Ms. Homewood determined the feature to be ephemeral. The form is attached |o this letter. 401 and Buffer Permitting Unit 1617 M Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919-807-6300 \ FAX: 919-807-6494 Internet: www.newaterquality.org An Equal Opportunity k Affirmative Action Employer - Made in part by recycled paper MEWA ammm• The DWR has determined that the feature labeled as "WI-08" on the attached map is an ephemeral channel that is not subject to the Randleman Lake Buffer Rule above the large headcut identified as the E/I point by Carolina Ecosystems, Inc. This determination shall replace the determination originally performed by the City of High Point and shall expire five years from the date of this letter. You can contest the Director's decision as provided in Articles 3 and 4 of G.S. 150B. To contest the Director's decision you must file a petition for an administrative hearing. You may obtain the petition form from the office of Administrative hearings. You must file the petition with the office of Administrative Hearings within sixty (60) days of receipt of this notice. A petition is considered filed when it is received in the office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00am and 5:00pm, except for official state holidays. The original and one (1) copy of the petition must be filed with the Office of Administrative Hearings. The petition may be faxed-provided the original and one copy of the document is received by the Office of Administrative Hearings within five (5) business days following the faxed transmission. The mailing address for the Office of Administrative Hearings is: Mailing address for the OAH: If sending via U.S. Postal Service: If sending via delivery service (UPS, FedEx, etc.) Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh, NC 27699-6714 Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to DENR: John Evans, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699-1601 Mr. May Guilford County Page 3of3 This letter only addresses the applicability to the buffer rules and does not approve any activity within the buffers. Nor does this letter approve any activity within Waters of the United States or Waters of this State. If you have any additional questions mr require additional information please call Sue Homewood at/336>776-9693. This determination is subject to review as provided in Articles 3 Q' 4 ofG.S. 150B. Karen Higgins, Supervis 401 & Buffer Permitting Unit KAHIjab Enclosures: Site Map Stream |DForm cc: Terry A. Kuneff, P.E, CFK4, City ofHigh Point Engineering Services Dept, P O Box 230\ High Point, NC37261 Sue Homewood -VVSRO 401 & Buffer Permitting Unit file Fi|enanne: l41176_VVaste Ind usthesHigh Poi ntLandfiU(SuiUVrd) RDNi_Stneam_Det_Appea| M OR E■' MM GI INC DWQ Stream Identification Form Version 4.11 Date: t rojec PMite: VI—D-16p, a Latitude: i�n Evaluator: S_kv County: GUOY- A Longitude: Total Points: Stream is atleastintermittent Determination (circle one) Other if 2! 19 or Cerennial If �t 30* Ephemeral Intermittent Perennial e.g. Quad Name: A. Geomorphology (Subtotal 1" Continuity of channel bed and bank -Absent 0 We-8k — 1 Moderate 2 —Strong 3 2. Sinuosity of channel along thalweg 0 2 3 3. In-channel structure: ex. riffle-pool, step-pool, ripple-pool §�tquence 0 1 0.5 3 4. Particle size of stream substrate 0 2 3 5. Active/relict floodplain 0 1 2 3 6. Depositional bars or benches 0 1 2 3 7. Recent alluvial deposits 1 2 3 8. Headcuts ­67—Grade 1 2 3 control 0 0,5 1 1.5 10. Natural valley 0 ' -) t 0.6 I ' 1 1.5 Second or greater order channel No Yes = 3 UMULIZ'bJVII* M B. Hvdmloov fSuhtntal (/I 12. Presence of Baseflow 4- 6=R — 71 2 3 13. Iron oxidizing bacteria 17CP -f'm% cF\V-) 0 2 3 14. Leaf litter 1.5 1 0.5 0 15. Sediment on plants or debris 0 1 1.5 16. Organic debris lines or piles —table? 0 0.5 1 1.5 S il 17. Soil -based evidence of high L. ;Water No = 0 I = M 11MV-0-00MAIN eir 5V (\ak C t DV b k,0L_ — ry, lic- v--e SID*- c)C beck-c 14- boj rw n