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HomeMy WebLinkAbout20171079 Ver 1_Buffer and/or Stream Determination_20161018Water Resources ENVIRONMENTAL QUALITY PAT MCCRORY c;,,, c,,,,,, Se, I "l'11'1' S. JAY ZIMMERMAN D, c, !") October 18, 2016 Mr. C. Paul Pascarosa Headwater Environmental Inc. 512 Sweetbay Court Wilmington, NC 28405 Subject Property: Melville/Burnt - Bakatsias Solar Farm Site, Graham NC, Alamance County On -Site Determination for Applicability to the Mitigation Rules (15A NCAC 2H .0500) Dear Mr. Pascarosa: On October 5, 2016, 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 was also present during the site visit. The Division acknowledges the areas and boundaries identified as jurisdictional wetlands by the USACE. 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. In addition, the Jordan Lake Buffer Rules may apply to some streams at this location, please be sure to contact the local government for further information regarding the Jordan Lake Buffer Rules. 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 401 & Buffer Permitting Branch, 1650 Mail Service Center, Raleigh, INC 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 336-776-9693 or sue.homewood@ncdenr.gov. Sincerely, Sue Homewood Winston-Salem Regional Office Enclosures: USGS Topo Map Pilot Environmental Map cc: Henderson Scott, Melville Plastics & Burnt Shops, hendersonscott29@gmail.com David Bailey, USACE Raleigh Regulatory Field Office (via email) Town of Graham c/o Josh Johnson AWCD (via email) DWR, Winston-Salem Regional Office This is not a survey. All locations depicted on this figure are approximate. This Wetland Delineation was conducted by Headwater Environmental, Inc. (HEnv). The location of the streams and wetland were verified in the field by Mr. David Bailey of the U.S. Army Corps of Engineers and Ms. Sue Homewood of the North Carolina Division of Water Resources (DWR) on October 5, 2016. USACE Action Identification #2016-02023. The site drains to Back Creek. Back Creek is located within the Jordan Lake watershed. According to DWR, a 50 -foot vegetated buffer is required along Stream A and Stream C. Stream C RACPN SC TT •�/P RVg 7 f� r •� s J Stream r a •. �•� f OtA t.•� A4.°i50 ' * I LEGEND �,DP-1• W -P1 to W-P7_�� I t t T� 000 ro I'®e 111114 ss rc Stream B W -D1 to W -D8 ., �,. DP -2 W -A1 W -C1 to\ -C9 A v' ! W -B5 W -A25 W-610 W -B18 W -B15 Site Boundary - - - Non -jurisdictional ephemeral feature Wetland Perrenial Stream = _-_= Access Road 50 -foot buffer - - - Intermittent Stream - Culvert • DP - Data Point 0 285 570 HEADWATER ENVIRONMENTAL, INC. 512 Sweetbay Court Wilmington, North Carolina Date: Rev: Prepared by: 09/13/2016 10/6/2016 DFH = Feet 1,140 Source: ESRI World Base Map Imagery Graham, NC AoArN Scale 1 "-300' IF ,k • WA - Weltland Flagging FIGURE 5 WETLAND DELINEATION Melville -Burnt Site Bakatsias Soalr Farm, LLC 831 Trollingwood Road Graham, Alamance County, NC HEnv Project #201605