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HomeMy WebLinkAbout20110302_On-Site Determination_20101020tit Eaves Perdue A NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Coleen H. Sullins Director October 20, 2010 Kate Montieth The Catena Group, Inc 410-B Millstone Drive Hillsborough, NC 27278 Subject: NCDOT Bridge No. 203, Carmen Road (SR 2755), Guilford County Rock Creek and Unnamed Tributaries to Rock Creek [Cape Fear, 16-19-3.5-(1), WSIV; NSW] On-Site Determination for Applicability to the Jordan Buffer Rules (15A NCAC 2B.0267) On-Site Determination for Applicability to the Mitigation Rules (15A NCAC 2H.0506(h) Dear Mrs. Montieth; Dee Freeman Secretary On October 6, 2010, at your request and in your attendance, Amy Euliss, NC Division of Water Quality (NCDWQ) staff along with Jerry Parker, NCDOT and Andy Williams, USACE, conducted an on-site determination to review drainage features located at Bridge No. 20S on R 2755 in Guilford County for applicability to the Jordan Lake buffer Rules and for applicability to the mitigation rules (15A NCAC 2H .0506(h)). The drainage features are approximated on the attached map initialed and dated October 20, 2010. Feature ID Stream Site Visited Stream Buffered S1 Rock Creek Yes Perennial Yes S2 UT 1 to Rock Creek Yes Perennial No S3 UT 2 to Rock Creek Yes Perennial Yes Please note that no other features at the site were evaluated. Also, this letter only addresses applicability to the Jordan Buffer Rules at the site specifically marked on the attached map and does not apply to reaches of the channel [or drainage feature] further downstream from the NCDOT project area, or to any other drainage features in the vicinity. This letter only addresses the applicability to the mitigation rules and the buffer rules and does not approve any activity within the buffer, Waters of the United States, or Waters of the State. Any impacts to wetlands, streams and buffers must comply with the Jordan Buffer Rules, 404/401 regulations, water supply regulations (15A NCAC 2B .0216), and any other required federal, state and local regulations. Please be aware that even if no direct impacts are proposed to the protected buffers, sheet flow of all new stormwater runoff as per 15A NCAC 2B .0267 is required. The owner (or future owners) or permittee should notify NCDWQ (and other relevant agencies) of this decision in any future correspondences concerning this property and/or project. This on-site determination shall expire five (5) years from the date of this letter. North Carolina Division of Water Quality, Winston-Salem Regional Office Location: 585 Waughtown St. Winston-Salem, North Carolina 27107 - Phone: 336-771-5000 \ FAX: 336-771-4630 \ Customer service: 1-877-623-6748 Internet: www,ncwaterquality.org . An Equal Opportunity \ Affirmative Action Employer 'One NorthCarolin; Naturally Landowners or affected parties that dispute a determination made by NCDWQ or Delegated Local Authority that a surface water exists and that it is subject to the mitigation rules 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 Brian Wrenn, NCDWQ Wetlands/401 Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650. Individuals that dispute a determination by NCDWQ or Delegated Local Authority that "exempts" a surface water from the mitigation rules 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. NCDWQ 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. If you have any additional questions or require additional information please call me at 336-771-4959 or at amy.euliss@ncdenr.gov. Sinc ely, &52' Amy Euliss Environmental Specialist Attachments: Signed location map cc: Jerry Parker, NCDOT-Division 7, DEO Andy Williams, US Army Corps of Engineers -Raleigh Regulatory Field Office NCDZVQ-1Vetlands 104 104 Transpo atibn:permitting-Unit file Copy M N E N E m a? 6 , r sr : 1y 3 ? ?•, -L , K \ + M v IL ° 0 o ? N T ? ? O O y L O ?? O Y C ? c C EU E o v N Y N O m t r Z _ y QLL LL ? C T rv? ? L > O U C O O M o Uo o C O - 07 N (7 co v+° v U 0 c a Q) :3 U O I- U U, L V'"