HomeMy WebLinkAbout20170905 Ver 2_Buffer and/or Stream Determination_20161018Water Resources
ENVIRONMENTAL QUALITY
PAT MCCRORY
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S. JAY ZIMMERMAN
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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
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Stream
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OtA
t.•� A4.°i50
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W -P1 to W-P7_��
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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