HomeMy WebLinkAbout20190062 Ver 1_Determination Letter_20181003NORTH CAROLINA
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MICHAEL S. RECAN
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October 3, 2018
Perry Isner
Wetlands & Waters Inc.
6018 Little Mountain Road
Sherrills Ford, NC 28673
Subject: On -Site Determination for Applicability to the Mitigation Rules (15A NCAC 2H .0500)
Subject Property: 7282 Burlington Rd, Burlington NC, Alamance County
Dear Mr. Isner:
On July 5, 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 was also present during the site visit.
The Division acknowledges the areas and boundaries identified as wetlands by the USACE. The attached
sketch accurately depicts all stream determinations conducted during the site visit. Tributary 1 and
Tributary 2 were determined to be intermittent streams during the site visit.
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
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North Carolina Department of Environmental Quality I Division of Water Resources
450 W. Hanes Mill Rd, Winston-Salem, NC 27107
336.776-9800
Page 2 of 2
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 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
Wetlands and Waters features sketch
Cc: Randy & Cheryl Ingle, 1691 Wheeler Bridge Rd #A, Burlington NC 27215
David Bailey, USACE Raleigh Regulatory Field Office (via email)
DWR, Winston-Salem Regional Office
9
Ingle Property Parcel Area
WETLANDS
a Y� WATERS
roject ivame: Ingle Property
Owner/ Developer: Randy & Cheryl Ingle / Eastwood Homes
City/ County:
Burlington /Guilford
Tax PIN(s): 8834775066 (Partial)
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Figure 1: Approximate Depiction Coordinates: Scale: Date: 06/06/18
of Aquatic Resources Lat: 36.07695 Long: -79.55013 Graphic Revised Date: 10/02/18
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