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HomeMy WebLinkAbout20191081 Ver 1_Stream Determination_20170130Water Resources Environmental Quality January 30, 2017 Mr. David Brame Pilot Environmental Inc. 743 Park Lawn Court Kernersville, NC 27284 ROY COOPER Governor MICHAEL S. REGAN Secretary S. JAY ZIMMERMAN Director Subject: On -Site Determination for Applicability to the Mitigation Rules (15A NCAC 2H.0500) On -Site Determination for Applicability to the Jordan Lake Riparian Buffer Rules (15A NCAC 2B .0267) Subject Property: Inman Rd and Chimney Rock Rd Sites Dear Mr. Brame: On January 20 2017, at your request and in your attendance, April Norton and Sue Homewood conducted an on-site determination to review features located on the subject properties 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. Additionally, the Jordan Lake Buffer Rules apply to streams as shown on the map. 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. {'Nothing Compares7_. 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 April Norton at 336- 776-9692 or via email at ayril.nortonkncdenr. og_v. You may also contact me at 336-776-9693 or via email at sue.homewoodkncdenr.gov. Sincerely, Sue Homewood Winston-Salem Regional Office Enclosures: USGS Topo Map Pilot Environmental Map Cc: David Bailey, USACE Raleigh Regulatory Field Office (via email) Alex Rosser, Piedmont Triad Airport Authority (via email) DWR, Winston-Salem Regional Office