20110841 Ver 1_Buffer and/or Stream Determination_20180327

Kra
Water Resources
Environmental Quality
March 27, 2018
Andrea Eckardt
Wildlands Engineering Inc.
1430 South Mint Street, Suite 104
Charlotte NC 28203
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Interim Director
Subject: On -Site Determination for Applicability to the Randleman Lake Buffer Rules (15A NCAC 2B
.0250)
Subject Property: Burnett's Chapel Mitigation Site, 1323 Bumetts Chapel Rd, Greensboro NC
Guilford County
DWR# 2011-0841
Dear Ms. Eckardt:
On March 26, 2018, at your request, 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.
Katie Merritt with the Division of Water Resources (Division) was also present during the site visit.
During the site visit the upper portions of Reach B4 and Reach B5, as shown in green on the attached
map, were reviewed. Both areas were representative of vegetated swales and had characteristics of
wetlands and were therefore were determined not to be subject to the Randleman Buffer Rules as stated
above.
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.
State of North Carolina I Environmental Quality
450 West Hanes Mill Road, Suite 300 I Winston-Salem, North Carolina 27105
336-776-9800

This letter only addresses the applicability to 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.homewoodkncdenr. aov.
Sincerely,
Sue Homewood
Winston-Salem Regional Office
Enclosures: USGS Topo Map
Wildlands Features Map
Cc: Rick & Val Ingram, 1323 Burnetts Chapel Rd, Greensboro NC 27406
Katie Merritt, DWR (via email)
DWR, Winston-Salem Regional Office