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HomeMy WebLinkAbout20140073 Ver 1_Site UT4 stream determination 2-23-17_20170324"K Water Resources Environmental Quality March 24, 2017 Mr. Brian Hockett Resources Environmental Solutions, LLC 302 Jefferson St, Suite 110 Raleigh, INC 27605 ROY COOPER Governor MICHAEL S. REGAN Secretary S. JAY ZIMMERMAN Director Subject: On -Site Determination for Applicability to the Randleman Lake Buffer Rules (15A NCAC 02B .0250) Subject Property: Green Valley Farm Buffer Mitigation Site Dear Mr. Hockett: On February 23, 2017, at your request, I conducted an on-site determination to review the upper portion of UT4 located within the subject project area for a stream determination with regards to the above noted state regulations. You were present during the site visit. At the time of the site determination the upper 400 feet of UT4, as shown on the attached Monitoring Plan View, was determined to be an intermittent stream and therefore_is subject to the Randleman Lake Buffer Rules. Additionally, the riparian restoration that was constructed adjacent to this stream is viable for buffer mitigation credit provided that the vegetation condition meets success criteria. 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 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. -:_'::�'— Notlhing Compares7�_n_ State of North Carolina I Environmental Quality 450 West Hanes Mill Road, Suite 300 1 Winston-Salem, North Carolina 27105 336-776-9800 This letter only addresses the applicability to the mitigation rules and does not approve any activity within Waters of the United States or Waters of the State. If you have any additional questions or require additional information, please contact me at 336-776-96923 or sue.homewood@ncdenr.gov. Sincerely, Sue Sue Homewood Winston-Salem Regional Office Enclosures: Green Valley Farm Buffer Map Cc: H. Needham Hockett Jr. c/o Brian Hockett (via email) Lindsay Crocker, DMS (via email) Katie Merritt, DWR Buffer Mitigation Coordinator (via email) DWR electronic file 2014-0073 DWR, Winston-Salem Regional Office rci clnal vu canla -.r Parcel Boundary Lines 1:- °r - r '-'S1'•C7�9 Y pY(� I It .. P �fLfL l 1. i h� rci clnal vu canla -.r Parcel Boundary Lines 1:- °r - r '-'S1'•C7�9 Y pY(� I It .. P �fLfL l 1. NC T)WO Streams Tdentification Form Vereion 4.11 Date: .�I 23\ l74 \ Project/Site: C ( Latitude: Evaluator: � {� County: n Longitude: Total Points: Stream is at least intermittent Stream Determination (circle one) Other Ephemeralntermittenerennial e.g. Quad Name: if >_ 19 or erennial if >_ 30* 2 3 A. Geornorpholo (Subtotal = 5,5 ) 3.1D Absent Weak Moderate Strong 1aContinuity of channel bed and bank 0 1 2 3 2. Sinuosity of channel along thalweg 0 1 2 3 3. In -channel structure: ex. riffle -pool, step -pool, ri le- ool sequence 0 1 2 3 4. Particle size of stream substrate 0 1 2 3 5. Active/relict floodplain q 1 2 3 6. Depositional bars or benches 0 1 2 3 7. Recent alluvial deposits 0 1 2 3 8. Headcuts 1 2 3 9. Grade control 0 0.5 1 1.5 10. Natural valley 0 0.5 1 1. 11. Second or greater order channel No = 0 Yes = 3 a artificial ditches are not rated; see discussions in manual B. Hydrology Subtotal= � �.S ) \0'.' 12. Presence of Baseflow 0 1=0) 2 13. Iron oxidizing bacteria 0 114. 19. Rooted upland plants in streambed Leaf litter 1.5 115. 1 Sediment on plants or debris 0 .516. 0 Organic debris lines or piles 0 0.517. 3 Soil -based evidence of high water table? No = 0 1 C Rinlnrni tRilhtntal = --I- 1 18. Fibrous roots in streambed 3 2 0 19. Rooted upland plants in streambed 2 1 0 20. Macrobenthos(note diversity and abundance) 0 2 3 21. Aquatic Mollusks 0 1 2 3 22. Fish 0.5 1 15 23. Crayfish 0 0.5 0 1.5 24. AmphibiansEtL�0 0.5 1 1.5 25. Algae 0 0.5 1 1.5 26. Wetland plants in streambed FACW = 0.75; OBL =1.5 Other = 0 *perennial streams may also be identified using other methods. See It. 35 of manual. Notes: Sketch: �h` sli�S L'�/Lo- W�C,���t�raac�� S�Giis�l b�-t- talet''"a(1 c4�wnre,l.15 �+�i