20150756 Ver 1_Stream Call Letter_20150415

NC©ENR
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Pat McCrory
Governor
Mr. Adam Williams
Brushy Fork Environmental Consulting Inc.
5902 Highway 421 South
Mountain City, TN 37683
Subject Property: Property on Wilkesboro Ave, North Wilkesboro, Wilkes County
Dear Mr. Williams:
Donald R. van der Vaart
Secretary
April 15, 2015
On April 2, 2015, at your request and in your attendance, I conducted an on -site determination to review a
feature located on the subject project for stream determinations with regards to the above noted state
regulations. Tasha Alexander with the US Army Corps of Engineers (USACE) was also present at the site visit.
The feature identified on the attached map was determined to be an intermittent stream 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 federal and state regulations. These regulations are subject to
change in the future.
The owner (or future owners) should notify the DWR (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: [phone] FAX: [phone] Customer Service: 1- 877 - 623 -6748
Internet: www.ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer
N�orthCarolina
Natlmal f

Adam Williams
April 15, 2015
Page 2 of 2
Landowners or affected parties that dispute a determination made by the DWR 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 Cyndi
Karoly, DWR, 401 Oversight /Express Review Permitting Unit, 2321 Crabtree Blvd., Suite 250, Raleigh, NC
27604 -2260. Individuals that dispute a determination by the DWR 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. DWR 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
DWR Winston -Salem Regional Office
Enclosures: USGS Topo Map
Aerial of Property
Cc: Sam Hinnant, Town of North Wilkesboro, PO Box 218, North Wilkesboro NC 28659
Tasha Alexander, USACE Asheville Regulatory Field Office (via email)

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