20080842 Ver 1_General Correspondence_20080710

QF RYA F fl Q Michael F. Easley, Governor

' A0 G William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
0 Coleen H. Sullins, Director
Division of Water Quality

July 10, 2008

Heather Montague, Environmental Specialist
NCDOT Division 5
2612 North Duke Street
Durham, NC 27704

Subject: SR 1469, from SR 1470 to End of Maintenance, Unnamed drainage features in Buffalo Creek
watershed, Rougemont, Durham County. DWQ# 20080842

On-Site Determination for Applicability to the Neuse Buffer Rules (15A NCAC 2B .0233)

Dear Ms. Montague:

On July 9, 2008, we received your request to confirm your stream calls conducted at the referenced sites for applicability
to the Neuse River Buffer Rules. The drainage features are approximated on the attached topographic and soil survey
maps as drainage feature sites A+ and B+. Stream forms were filled out by Ms. Heather Montague of Division 5, with a
required 19 points to qualify as subject to the Buffer Rules.

The Division of Water Quality (DWQ) concurs with the referenced documents regarding the following
stream calls:
A+: 10.5 points; Not subject to Neuse Buffer Rules.
B+: 10.5 points; Not subject to Neuse Buffer Rules.

This letter only addresses the applicability to the Neuse Buffer Rules and does not approve any activity within Waters of
the United States or Waters of the State. Any impacts to wetlands, streams and protected buffers must comply with the
Neuse Buffer Rules, 404/401 regulations, water supply regulations (15A NCAC 2B .0216), and any other required
federal, state and local regulations. Also, this letter only addresses applicability to the Neuse Buffer Rules at the sites
specifically marked on the attached maps and does not apply to reaches further downstream away from the NCDOT
work area.
The owner (or future owners) or permittee should notify the DWQ (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.

None
Noy` Carolina
North Carolina Division of Water Quality 2321 Crabtree Blvd, Suite 250 Phone [phone]
Internet: h2o.enr.state.nc.us Raleigh, NC 27604 FAX [phone]
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10%a Post Consumer Paper

Delegated Local Authority that a
the DWQ or the Director. A request
by Transportation
affected parties that dispute a determination made by request a determination DWQ
Landowners or c/o Brian Wrenn,
e water exists and that it is subject to the mitigation rules may i d~udicatory
1 be referred to the Director In writing duals that dispute a determination by the
surfac the Director sha 27699-1650. Ind ask for an a j
for a determination by notified that the 60-
p rithat "exempts" a surface water from the mitigation rules may
ermimngUnit, 1650 Mail Service Center, Raleigh, NC Applicants are hereby
the date that you receive this letter*
DWQ or Delegated Local Authority s that
stream App a
t act within 60 day cted arty (including dog in odder to be certain that third the hearing. You mus to
d Chapter
ay statutory applicant conduct this notification which conforms
apPeal time does noe omm rids that the send a written petition,
e Center,
notified of this decision. DWQ To ask for a hearing, 6714 Mail Servic
party appeals are made in a timely manner unless you ask for a hearing within
Statutes to the Ofiand binding Administrative Hearings,
150B of the North Carolina General 60 days.
Raleigh, N.C. 27699-6714. This determination is final lease call Rob Ridings at 919-733-9817
have any additional questions or require additional information Please call Rob Ridiner
If you
sincerely,
J
Rob Ridings Unit
DWQ Transportation Permitting
i
-.a
dicated and
s of drainage features in stream forms
Attachments: Map
Raleigh Regional office copy
cc: DWQ Transportation Unit file copy
DWQ Wetlands 401 'i

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Mx
x~ Wuv~STATE OF NORTH CAROLINA

DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY LYNDO TIPPETT
GOVERNOR SECRETARY
July 9, 2008
N.C. Division of Water Quality
Transportation Permitting Unit
2321 Crabtree Blvd./Suite 250
Raleigh, NC 27604-2260

Attention: Mr. Rob Riding, NCDOT Project Coordinator

Reference: DWQ Project No. 20080842

Subject: Neuse River Riparian "Buffer Call" for two drainage way features beyond
the right-of-way limits along SR 1469 (Harris Chapel Road) from
SR 1470 (Bill Poole Road) to dead end in Durham County.

The North Carolina Department of Transportation (NCDOT), Person County
Maintenance construction crew, is currently constructing SR 1469 (Harris Chapel Road)
for Durham County. Two drainage way features, continuing from the points A and B
previously determined to be "not subject" to the Neuse Buffer Rules, could be subject to
protection under the Neuse River Riparian Buffer Rules (see attached photographs). Each
of these features appears on the Soil Survey for Durham County, but are absent from the
USGS Rougemont, NC Quad maps (see attached mapping). These features are merely old
tail ditches, which at times sits water, causing them to appear hydrologically linked to
jurisdictional surface water. However further examination into the woods reveals that
they are not linked to any surface waters. These tail ditches simply end in the upland
woods with no defined channel or links to any stream network.

To obtain positive drainage from the roadway, these tail ditches need to be cleaned out up
to but not to exceed 200ft off the roadway. If left as is, the outlets would hold water,
causing a sub-surface maintenance problem for the roadway and the ditches would not
function in these areas. NCDOT requests your assistance in providing a buffer call on
both of these features [A+ and B+] from the right-of-way line down to 200 feet into the
adjacent woods. NCDWQ-Stream Identification Forms have been completed and are
attached to this request.

Division 5, 2612 N. Duke Street, Durham, NC 27704
Phone: [phone] Fax: [phone]

2

If you have any questions, need additional information, or would like to meet onsite to
view these features in the field please contact me at [phone].

Sincerely,
Heather W. Montague
Division 5, Environmental Specialist

cc: Ms. Tasha Johnson, NCDOT District 2 Engineer
Mr. Joe Ng, NCDOT Durham County Maintenance Engineer
Mr. Anthony Talley, NCDOT Person County Maintenance Engineer
Mr. Tim Robbins, NCDOT Roadside Environmental Field Ops Tech

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