20151218 Ver 1_P-4405I,J,K Stream Call_20130403

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NCDENR -
Nor:th Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory � Charles Wakild,, F, E. . John E, Skvarla, lll
Govemor Director ,. Secretary
Apri13, 2013 .
John Roberts, LSS
The Catena Group, Inc.
410-B Millstone Drive
Hillsborough, NC 27278
Subject; NCDOT P4405�JK. .Rai] Elimination of Private Railroad Crossings: Gordon
Thomas Drive (No: 735 1999�, Greenbriar Dr.. (N: 726 305F) and Byrdsville Rd.
(No: 735 189T). in Orange County
Rho.des Creek and UTs. [Neuse, Stream Index Number 27-2-13-(2), WSI;NSW]
Stoney Creek and UTs [Neuse, Stream Index Number 27-2-13=(2), Glass
C;NSW]
Qn=Site D.etermination for Applicability.to the Ne.use Buffer Rules {15A NCAC 2B .0233.)
On-$ite Detexmination for Applicability to the :1VZitigatio. n. Rules (15A NCAC 2H .0506(h)
Dear Mr. Roberts:
On March 19, 2013, the NC Division of. Water Quality (NCDW�. staff received a request for stream calls.
associated with the ab.ove refererice project. Prior to receiving the information, you conducted a
jurisdiciional determination meeting with Andy Williams with the US Army Corps of Engineers.
Because the site.had .a.lready been reviewed by the Corps, we opted not to schedule an additional site yisit.
After coordinating with the Corps,: a file review was.conducted to review drainage: features .located in the .
project study areas for, applicability to the Neuse River 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 Apri13, 2013. Please note there. were no jurisdictional features present in the P4405I project
area.
Table 1: Jurisdictional features for P4405LTK
ProJect ID: Feature ID. Stream/ Wetiand Site Stream/Wetland Buffered :
Name Visifed. T e es/No
P4405J SA UT to Rhodes Creek No Perennial Yes
P4405J . SB UT to Rhodes Greek No Tntertnittent No
P4405J SC UT to Rhodes Creek No Internutterit No
P4405K SB UT to Stone Creek IVo Perennial No
P4405.K Stoney Creek* Stoney Creek No Perennial Yes
*Just outside study area, may have direct buffer impact. Diffuse flow required to this stream.
Transportation and Permittlng Unit
1650 Mail Service Center; Raleigh, Nodh Carolina 27699-1617
Location: 512 N. Salisbiiry. St. Raleigh, North Carolina 27604
Fhone: 919�07-63001 FAX: 919�07-6492
Internet: v�ww.nrw�eraualiN:orq
An E.qual Opportuniry 1Affirmative ActEon Employer .
NonrthCarolin.a
�aturall�

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Please note that no other features at the site were evaluated or please note that other sites identified in the
jurisdiction verification request package but not reviewec� on site by NCDWQ will be considered accurate
as preserited. Also, this leiter only addresses applicability to the Neuse Buffer Rute"s at the siie
specifically marked on tlie attached map and does not.apply to reaches of the charinel [or ..
drainage feature]. fiirther downsfream from the NCDOT pr.oject area; or to any other, drairiage.
features in the vicinity.
This letter only addresses, the appiicability to the mitigaiion rules: and tlie buffer rules and does not
approve any activity witliin the buf'fer, Waters of. the United. States, o"r Waters.of the State. Any impacts.
to wettands, streams and buffers must comply with the Neuse Buffer Rules, 404/401 regulations, watez
supply regulations (15A NCAC 2B. .0216), and any other required. federal, state and. locai regulations.
Please be aware that even if no direct impacts are proposed to the protected buffers, sheet flow of all: new
stormwater rurioff as per.15A NCAC 2B .0233 is iequired.
The owner (or future owners) or.permittee should notify NCDWQ (and other relevant agencies) of this
deterniination in ariy future correspondences concerning tliis.property and/or project. This on-site
determination shall expire five (5) years from the date of tiiis letter.
Landowners or affected. parties that disp.ute a determination made by N.CDWQ or Delegated Local
Authority that a surface water.exists and that it zs subject to the mitigation rules may request a
deternunation by: the.Director. A requesf for a determination by the Director shall be referred to t1ie.
Director in writing clo Amy Chapman, NCDWQ WetIands/401 Unit,.1650 Mai1 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 may obtairi the petition
form from the office of Administrative hearings: You imust file the petition with the office of
Admini:strative Hearings within sixty (60) days of receipt of this notice and the date the affected; party .
(including downstream and adjacent landowners) is notifed of tHis decision. A petition is considered
filed when it is received in the office of Administrative Hearings during normal office hours. The Office
of Administrative Hearings accepts filings Monday through Friday between the hours of 8:OOam and
S:OOpm, except for official state hoiidays. Tlie original and one (1) copy of tlie petition rriust be filed with
tlie Of�ice of Adriaiiaistrative Hearings.
The petition may be faxed-provided.the original and one copy of the document is received by the Of�ce
of Administrahve Heazings witluri_five (5) business.days following the faxed transmission.
The mailing address for the Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
RaleigIi, NC 27699-6714
Telephone: (919}=431-3000; Facsimile: (919)-431-3100
A copy of the perition must also.be served on DENR as follows:
Mr. Lacy Presnell, General Counsel
DeparEment of Environment and N.atural Resotuces
I601 Mail Service Center
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
[e-mail]. ,

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Environinental Specialisf -
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a Attachments:. . sigried location maps
; cc' Andy Williams, US Army Coips ofEngineers — Raleigh Regulatory Field Office {electranic copy
; only)
Transportation permitting Unit (electronic copy only) ,_ '. '
File Copy
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RE: 'stream call letter
RE: stream call letter
Euliss, Amy
Sent: Thursday, April 04, 2013 8:51 AM
To: John Roberts [[e-mail]]
Cc: Carrillo, Sonia; Williams, Andrew E SAVV [[e-mail]]
Attachments: St'ream Call Ietter P4405L7K.pdf (997 KB) '
I forgot the attachment the first time.
From: Euliss, Amy
Sent: Wednesday, April 03, 2013 2:36 PM
To: 'John Roberts'
Cc: Carrillo, Sonia; 'Williams, Andrew E SAW'
Subject: stream call letter
Page 1 of 2
Attached is a copy of the stream call/buffer letter for P44051JK. if you need a hard copy, let
me know. �
From: John Roberts [mailto:[e-mail]]
Sent: Wednesday, April 03, Z013 1:38 PM
To: Euliss, Amy
Subject: RE: Orange county rail project
Amy — Good afternoon. I have created a table containing the information you requested and is included in the
attached memo. Also, you are correct that there are no jurisdictional features on the Gordon Thomas Drive
project. Please let me know if you need anything further.
Thanks.
John
From: Euliss, Amy [mailto:[e-mail]]
Sent: Wednesday, April 03, 2013 12:33 PM
To: John Roberts
Subject: RE: Orange county rail project
I left a message with your receptionist. Can you provide me with the following information so I
can issue a stream call letter?
1. I have maps of the jurisdictional areas for Greenbriar drive and Brydsville. Are there no
jurisdictional features on Gordon Thomas? If there are, can you send me a map
showing the locations?
2. Can you provide me with the name of each.stream or the stream-that it drains to?
Call me back if you have any questions. Thanks,
Amy
From: John Roberts [mailto:[e-mail]] .
Sent: Tuesday, March 19, 2013 4:44 PM
To: Euliss, Amy
Cc: Richmond, Martin; Andy Williams (andrew.e.williams2Ca�usace.army.mil)
Subject: RE: Orange county rail project
https://mail. nc. gov/owal?ae=Item&t=IPM.Note&id=RgAAAADMSzLcd9 W2TJHI4%2bm... 5/ 14/2013

� ''RE:'stream call letter Page 2 of 2
Ms. Euliss — I apologize for the confusion. I contacted the DWQ office in Raleigh and they directed me to Mr.
Richmond in regards to these projects. I have attached the verification package Mr. Williams and Mr. Richmond
received. I have noted on the Greenbriar figure the change in origin for stream SC. Please feel free to contact if
you need additional information or would like to discuss the projects further.
Thanks.
John
JOHN C. ROBERTS, LSS
Soil Unit Head
The Catena Group
410-B Millstone Drive
Hillsborough, NC 27278
0: 919.732.1300
M: 919.417.0509
From: Euliss, Amy [mailto:amy.eulissCa�ncdenr.gov]
Sent: Tuesday, March 19, 2013 3:02 PM
To: John Roberts
Cc: Richmond, Martin; Andy Williams ([e-mail])
Subject: Orange county rail project
I spoke with Andy Williams earlier regarding a different project. He mentioned that he had
been out with you on a NC Rail project. I wanted fo let you know that I handle the NC DOT
Rail projects that fall in Orange County, because Orange County is part of NCDOT Division 7.
Can you please provide me with a JD packet for my review.? Please incfude a list of streams
that are subject to the appropriate buffer rules, and any that you ruled out. I'm not sure the
exact location, so I don't know if these fall in Neuse or Jordan. A site visit may be necessary
depending on the review. In the future, it saves everyone time if coordinate a single site visit
with the Corps and DWQ. Thanks.
Amy '
Please note my new email address: [e-mail]
Amy Euliss
NC DENR Winston-Salem Regional Office
Division of Water Quality, Surface Water Protection
585 Waughtown Street
Winston-Salem, NC 27107
Voice: [phone]
FAX: [phone]
https://mail.nc.gov/owa%?ae=Item&t=IPMNote&id=RgAAAADMSzLcd9W2TJHI4%2bm... S/14/2013