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HomeMy WebLinkAbout20190062 Ver 1_Determination Letter_20181003NORTH CAROLINA ROY COOPED Erxlr�ronmantaf�e�aNty coves MICHAEL S. RECAN Ser 1-Y LINDA CULPE<PPLP, hrrerfrA &[rector 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 EQ.:> � r 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) for or by late 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 �- —� ��'• �� CA) �� x 1'1 r -'>1'� a a416arr < o_.d10 y ,jam m Ln 41 CD CD � �' • Vie'."' i � `�� _ _ �Tj � J �/��',`I1 � f yl r f7 -I f7 OC CD � OJ o in cn CD 90 CL cn •, :. 1 5 l/ � 5`,•• CXt 0 O � ` � rpt �y� � � � • ` . j' • • to 1 � ,` ��� t�� ,_/-�i ,1 + � . ` � , � � /fes ' fr Q \ �'✓ �� 00 -� 7,` � � Wl