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HomeMy WebLinkAbout20150610 Ver 1_Buffer and/or Stream Determination_20151130Water Resources ENVIRONMENTAL QUALITY November 30, 2015 Mr. Steve Cahoon Duke Energy EHS — CCP Permitting and Compliance 410 S. Wilmington Street Raleigh, NC 27601 PAT MCCRORY c;,,, c,,,,,, Se, I "l'11'1' S. JAY ZIMMERMAN D11",!"r Subject Property: Dan River Steam Station, 900 S. Edgewood Rd, Eden NC, Rockingham County On -Site Determination for Applicability to the Mitigation Rules (15A NCAC 2H .0500) Dear Mr. Cahoon: On November 13, 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. David Bailey with the US Army Corps of Engineers (USACE) was also present at the site visit. The Division acknowledges the areas and boundaries identified as jurisdictional wetlands by the USACE. For the purposes of the above stated regulations, the attached map accurately depicts all stream determinations conducted during the site visit. 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. 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. 450 W. Hanes Mill Road, Suite 300, Winston-Salem, North Carolina 27105 Phone: 336-776-98001 FAX: 336-776-97971 Customer Service 1-877-623-6748 Internet: www.ncdenr.gov - www.ncwater.org 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 AMEC Foster Wheeler Map cc: Richard Harmon, AMEC Foster Wheeler (via email) David Bailey, USACE Raleigh Regulatory Field Office (via email) DWR, Winston-Salem Regional Office CU IF rD )� �'- 1r-) - i , -- 1% -Ln rD 1 - • •� �, T rD •.. !• (D I .« e r �� iii � �• cQ' o ` ' 1 oo3 {� se ♦ ` Z O. _0 w J � 6op • e t dp o� M� s4 a�3 1p -. a3 i •, m M /. v r ' N D O j T m 0 fA m N O i`/. Z � 'off► �� ID A t 0 y O m f D� C)o O` mCy ^ > O 2 N N W m y 6 O �. 3 a C o C) O a O 1 CDCD n N (Q CD - - 6 CD C 7 3 (b `G Q (n o 0 0 CD n m n sll D Q n W� cin � Om CD OL) 704n'°ID D o- 6 O �. 3 3m C 01-i SQV m m CnV/ CDCD n N (Q CD 3 (b `G Q (n o 0 0 CD D Q n 0 N O N (P C 7 Om CD OL) 704n'°ID o X11 �> O N v N CD ( O o O 0- v 70 �m CD ZT m m (D cn Nm C CD CD N o v° J Iy ■ ■ ■ °CD n ° O t 'AA B i :4f DUKE ENERGY® r M i Legend Ash Ponds . Study Area " w - Streams Wetlands t. Ponds 3 A 9 12 4 The map shown here has been created with all due and reasonable care and is strictly for use with AMEC project number 7810150297 . AMEC assumes no r . liability, direct or indirect, whatsoever or any such third party or unintended use. 5 � 5 (, 14 I / - r r s N + W< �>E S r , ib Miles t r. I t Washington �1 = F, ou -e. Es i, Di.g'4a G obe, GeoE e, Earthstar Geographies, CNE'/ irbus D , USDA, G', AEy , Getmapp .g, Ae ogrid, IGN, IGP, © OpenStreetMap (and) swiestopo, and the GI ' User Community contributors, CC -BY -SA TITLE: PREPARED: May 14, 2015 SOURCE: ArcGIS Base Data: 1 June 2014 Figure No. Dan River Steam Station Although every effort has been made to ensure the accuracy ofinformation, errors and conditions originating from the physical a m e cfoster wheeler sources used to develop the database may reflected in the data supplied. The requester possible must be aware l data conditions and BY; RSK MAP PROJECTION: GCS WGS 1894 .///—��- I Rockingham County N C ultimately bear responsibility for the appropriate use of the information with respell ci possible errors, original map scale, collection 6 � methodology, currency of data, and other conditions specific to certain data. Figure 6 - Jurisdictional Waters Map FILE: P:\EnergytPmjects\Duke\2015\Carolinas Natural Resources Surveys\16 Sites\GIS\Figure_ 6_ Jurisdictional_Map.mxd