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HomeMy WebLinkAbout20181041 Ver 1_Stream Determination Letter-update-corrected_20180327K" Water Resources Environmental Quality March 27, 2018 Mr. Nathan Howell Three Oaks Engineering 324 Blackwell St, Suite 1200 Durham, NC 27701 ROY COOPER Governor MICHAEL S. REGAN Secretary LINDA CULPEPPER Interim Director Subject: On -Site Determination for Applicability to the Mitigation Rules (15A NCAC 2H.0500) On -Site Determination for Applicability to the Jordan Lake Buffer Rules (15A NCAC 2B .0267) Subject Property: Turner Rd, Mebane NC, Alamance County Dear Mr. Howell: This letter is an update to, and shall replace, the Stream Determination letter issued on January 23, 2018. On November 7, 2017, 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. 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 sketch 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. The following streams shown on the attached map are also subject to the above referenced Jordan Lake Buffer Rules: SA, SD, SE, SG from flag SG (excluding the upper section labelled TA), SH, SI and SJ. 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. State of North Carolina I Environmental Quality 450 West Hanes Mill Road, Suite 300 I Winston-Salem, North Carolina 27105 336-776-9800 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. 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.homewoodkncdenr. gov. Sincerely, Sue Homewood Winston-Salem Regional Office Enclosures: USGS Topo Map Updated March 2018 Three Oaks Jurisdictional Features Map Cc: Donald W. Burgess, 6051B Mount Zion Rd, Snow Camp, NC 27349 David Bailey, USACE Raleigh Regulatory Field Office (via email) DWR, Winston-Salem Regional Office 1f,LiA Prepared For: J` Bob 17-612 Dischinger, v Evans Engineering NDH Preliminary Jurisdictional Determination: Proposed Cambridge Park Jurisdictional Features Map Alamance County, North Carolina Date: March 2018 Scale: 0 200 400 Feet Job No.: 17-612 Drawn By: Checked By: NMS NDH Figure N 411 1 RCCK Blk2GESS �T DR USGS The National Map: National Boundaries Dataset, National Elevation Dataset, Geographic Names Information System, National Hydrography Dataset, National Land Cover Database, National Study Area Structures Dataset, and National Transportation Dataset; U.S. Census Bureau - TIGER/Line; HERE Road Data EEfte Prepared For: V Bob Cz Dlschinger, y�` Evans V.�*Engineering Preliminary Jurisdictional Determination: Turner Road Topographic Map Alamance County, North Carolina Date: August 2017 Scale: 0 200 400 Feet I i I Job No.: 17-612 Drawn By: Checked By: KEMS CMS Figure