20150981_Stream Call Letter_20150526

74A
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
May 26, 2015
Mr. Robert Lepsic
ARCADIS G&M of North Carolina
801 Corporate Center Drive
Suite 300
Raleigh, NC 27607
Donald R. van der Vaart
Secretary
Subject: NCDOT TIP No. 17BP.7.R.30, Bridge No. 191 over Jacobs Creek on SR 2337(Carlton Road)
in Rockingham County. Your reference No. NC612002B 191.
Jacobs Creek; Roanoke Basin; ROA02 (03-02-02); Index Number 22-32-(0.5); Class C;
12-Digit HUC 030101030502
On -Site Determination for Applicability to the Mitigation Rules (15A NCAC 2H .0506[h])
Dear Mr. Lepsic:
On May 13, 2015, at your request and in your attendance, along with staff from the US Army Corps of Engineers
and NC Department of Transportation and NC Division of Water Resource (NCDWR), conducted an on -site
determination to review drainage features located along Carlton Road in Rockingham County for applicability to the
mitigation rules (15A NCAC 2H .0506[h]).
The drainage features are approximated on the attached map initialed and dated May 13, 2015, of which were
identified in the field by colored flagging tied to existing vegetation. Determinations are summarized in the table
below. NCDWR concurs with the stream determinations provided in your application dated March 18, 2015.
Feature
Determination
Map Code
UT to Jacobs Creek
Intermittent*
SA
Jacobs Creek
Perennial*
SB
UT to Jacobs Creek
Intermittent*
SC
Drainage Channel
Ephemeral
WA-04
*Jurisdictional Stream
A drainage feature identified as WA-04 and WA-06 was assessed during the field visit to determine if it was a
jurisdictional stream. The feature was determined to be ephemeral (scored less than 19 on NCDWR's Stream
Determination Form version 4.11) and would therefore not be subject to the mitigation rules per 15A NCAC
2H.0506(h), if impacted.
Please note that no other features at the site were evaluated. Other sites identified in the jurisdictional verification
request package, but not reviewed on site by NCDWR, are considered accurate as presented.
This letter only addresses the applicability to the mitigation rules and does not approve any activity within the
Waters of the United States, or Waters of the State. Any impacts to wetlands, streams and applicable buffers must
comply with 404/401 regulations, water supply regulations (15A NCAC 2B .0216), and any other required federal,
state and local regulations.
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Phone: [phone] Internet: www.ncdenr.gov
An Equal Opportunity 1 Affirmative Action Employer

The owner (or future owners) or permittee should notify NCDWR (and other relevant agencies) of this
determination 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 NCDWR 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 Amy Chapman, NCDWR
Wetlands/401 Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617.
Individuals that dispute a determination by NCDWR or Delegated Local Authority that "exempts" a surface water
from the mitigation rules may ask for an adjudicatory hearing. You may obtain the petition form from the office of
Administrative hearings. You must file the petition with the office of Administrative Hearings within sixty (60)
days of receipt of this notice and the date the affected party (including downstream and adjacent landowners) is
notified 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 5:OOpm, except for official state holidays. The original and one (1) copy of the petition
must be filed with the Office of Administrative Hearings.
The petition may be faxed -provided the original and one copy of the document is received by the Office of
Administrative Hearings within 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
Raleigh, NC 27699-6714
Telephone: [phone], Facsimile: (919)-431-3100
A copy of the petition must also be served on DENR as follows:
Mr. Sam M. Hayes, General Counsel
Department of Environment and Natural Resources
1601 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 Dave Wanucha at 336-776-9703 or
[e-mail].
Sincerely,
ON 6
S. Jay Zimmerman, Director
Division of Water Resources
Attachments: Figure 3
Electronic copy only distribution:
Dave Bailey, US Army Corps of Engineers, Raleigh Field Office
Nicole Thomson, SEPI Engineering
Dave Wanucha, NC Division of Water Resources Winston Salem Regional Office
File Copy