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HomeMy WebLinkAbout20140334 Ver 1_Stream Call Letter_20150513NC©ENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor Mr. Ian Eckardt Wildlands Engineering Inc. 1430 S. Mint St, Suite 104 Charlotte, NC 28203 Subject Property: Candy Creek Mitigation Site, Guilford County Donald R. van der Vaart On -Site Determination for Applicability to the Mitigation Rules (15A NCAC 2H .0500) Dear Mr. Eckardt: Secretary May 13, 2015 On March 10, 2015, at your request and in your attendance, Sue Homewood conducted an on -site determination to review features located on the subject project for stream determinations with regards to the above noted state regulations. Ginny Baker with the Division and David Bailey with the US Army Corps of Engineers (USACE) were also present at the site visit. The Division acknowledges the areas and boundaries identified as jurisdictional wetlands by the USACE. The attached updated maps accurately depict all stream determinations conducted during the site visit. Please note that at the time of this letter, all intermittent and perennial stream channels and jurisdictional wetlands found on the property are subject to the mitigation rules cited above. These regulations are 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. Winston -Salem Regional Office Location: 585 Waughtown St. Winston - Salem, North Carolina 27107 Phone: 336- 771 -50001 FAX: 336- 771 -46301 Customer Service: 1- 877 - 623 -6748 Internet: www.ncwaterquality.org An Equal Opportunity 1 Affirmative Action Employer N�orthCarolina Natlmal f Ian Eckardt Candy Creek Mitigation Site May 13, 2015 Page 2 of 2 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 Wetlands and Buffers Permitting and Compliance Unit, 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 - 771 -4964 or sue.homewood @ncdenr.gov. Sincerely, Sue Homewood Winston -Salem Regional Office Enclosures: USGS Topo Map Wildlands Stream /Wetland Map cc: David Bailey, USACE Raleigh Regulatory Field Office (via email) DWR, Winston -Salem Regional Office Figure 3 - Overall Site Map ktww W I L D L A N D S 0 1,000 Feet Candy Creek Stream Mitigation Site ENGINEERING I I I I I I t Cape Fear River Basin (03030002) Guilford County Figure 3.1 - Site Map W I L D L A N D S 0 400 Feet Candy Creek Stream Mitigation Site ENGINEERING I I I I I t Cape Fear River Basin (03030002) Guilford County Figure 3.2 - Site Map W I L D L A N D S 0 400 Feet Candy Creek Stream Mitigation Site ENGINEERING I I I I -i t Cape Fear River Basin (03030002) Guilford County Figure 3.3 - Site Map W I L D L A N D S 0 400 Feet Candy Creek Stream Mitigation Site ENGINEERING I I I I j t Cape Fear River Basin (03030002) Guilford County Pao posed Pao ct Aye a f � 7 s vp 5t M T; •' � J y11 one �� • �� y- � R u n .� nu to r c qua rangle k l y " i r t� p b f Fg ure 2 - USGS Topographic Map WI LfDLAND S 0 1,600 Feet Candy Creek Stream MitgationSite ENGINEERING Cape Fear Rrver Basin (03030002) Guilf ord County