20180794 Ver 1_Determination Letter_20180117

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Water Resources
Environmental Quality
January 17, 2018
Ashley Steele Bentz
S&ME Inc.
3201 Spring Forest Rd
Raleigh NC 27616
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)
Subject Property: Calamar St. Marks Church Rd Senior Living Center, Burlington NC, Alamance County
Dear Ms. Steel Bentz:
On January 12, 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.
David Bailey with the US Army Corps of Engineers and Josh Johnson, representing the City of Burlington
were also present during the site visit.
The Division acknowledges the areas and boundaries identified as jurisdictional wetlands and waters by
the USACE on the attached map. There were no intermittent or perennial streams identified on the
property.
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.
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
S&ME Aerial Jurisdictional Features Map
Cc: Brent Narkawicz, Calamar, 4 High Street Suite 149, North Andover MA 01845
David Bailey, USACE Raleigh Regulatory Field Office (via email)
Josh Johnson, AWCK for City of Burlington (via email)
DWR, Winston-Salem Regional Office