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HomeMy WebLinkAbout20120595_On-Site Determination_20110106ANA NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H Sullins Governor Director January 6 2011 Brandon Phillips STV/Ralph Whitehead Associates 1000 West Morehead Street Suite 200 Charlotte NC 28208 Subject City of Greensboro East Cone Blvd and Nealtown Road Extension Project Guilford County UT to North Buffalo Creek and North Buffalo Creek [Cape Fear 03 06 02 WSV NSW 303d] 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 Mr Phillips On January 4 2011 at your request and in your attendance Amy Euliss NC Division of Water Quality (NCDWQ) staff along with Steven Kichefski USACE conducted anon site determination to review drainage features located in the study are for the East Cone Blvd and Nealtown Road Extension 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 January 6 2011 Dee Freeman Secretary Feature ID Feature Name Site Visited Stream /Wetland type Buffered Mitigation Stream 1 UT to North Buffalo Yes Intermittent Yes Yes 1 1 Creek Stream 2 UT to North Buffalo Yes Perennial Yes Yes 1 1 Creek Stream 3 UT to North Buffalo Yes Perennial Yes Yes 1 1 Creek Stream 4 UT to North Buffalo Yes Ephemeral/ Intermittent* Yes* Yes 1 1 Creek North Buffalo North Buffalo Creek Yes Perennial Yes Yes 1 1 Creek Wetland A Wetland A Yes Non riverme No Yes 1 1 *Stream 4 becomes jurisdictional and buffered dust outside of the project area Specifically its jurisdictional at the southern terminus of the existing trail crossing 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 North Carolina Division of Water Quality Winston Salem Regional Office Location 585 Waughtown St Winston Salem North Carolina 27107 Phone 336 771 50001 FAX 336 7714630 1 Customer Service 1 877 623 6748 Internet wmAf ncwaterquality org An Equal Opportunity 1 Affirmative Action Employer One Nol th Carohn, ,naturally If This letter only addresses the applicability to the mitigation rules and the buffer rules and does not a 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 fedeial 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 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 iequest 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 ZD 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 Since ely A C Amy Euhss Environmental Specialist Attachment Signed location map cc Bruce Overman City of Greensboro Engineering Virginia Spillman City of Greensboro Stormwater Services Steven Kichefski US Army Corps of Engineers — Raleigh Regulatory Field Office ANC- -DWQ Wetlands 401= Transportation permitting Unit - File Copy