20120652 Ver _Information Letter_20090605

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NCDENR .
North Carolina Department of Environment,and Natural Resources
Division of Water Quality -
' 'Dee Freeman
Beverly Eaves Perdue Coleen H. Sullins
Governor Director Secretary
June 5, 2009
Elizabeth Scherrer
PBS&J
110 Haynes Street, Suite 101
Raleigh, NC 27604
Subject: NCDOT TIP #B-4806, Rockingham County
UT connecting Hester Lake to UT to Troublesome Creek [Cape Fear, 03-06-01,
WS-IH;NSW]
On-Site Determination for Applicability to the Mitigation Rules (15A NCAC 214.0506(h)
Dear Ms. Scherrer:
On May 15,.2009, at your request and in the attendance of Matt Thomas, Justin Wright, and Jeff Siceloff,
(PBS&J), James Pflaum (NCDOT-PDEA), Andy Williams (USACE), and Amy Euliss (NC Division of
Water Quality-NCDWQ) staff, conducted an on-site determination to review drainage features located SR
2409 in Rockingham county for applicability to the for applicability to the mitigation rules (15A NCAC
2H .0506(h)). The drainage features are approximated on the attached map initialed and dated June 5,
2009. All sites were visited.
Feature Stream/ Wetland Name Site Visited Stream./Wetland Buffers
ID Type
AB UT 1 to Troublesome Yes Perennial NA
Creek
AC UT 2 to Troublesome Yes Intermittent NA
Creek
SA UT 2 to Troublesome Yes Perennial NA
Creek
WA Wetland A Yes Wetland NA
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 and streams must comply with the 404/401 regulations, water supply regulations (15A NCAC
213 .0216), and any other required federal, state and local regulations.
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 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,
-O
Transportation Permitting Unit Be
1650 Mail Service Center, Raleigh, North Carolina 27699-1650 NorthCarollna
Location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604 aturQll u,1
Phone: [phone] FAX: [phone] _ : ?.::.?
Internet: http:/lh2o.encstate.nauslncwetlandsr
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e
An Equal Opportunity1 Affirmative Action Employer
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 Amy Euliss at 336-771-
4959 or at [e-mail]..
^
(C?pj
Amy Euliss
Attachments: Signed Location Map
cc:.," Andy Williams, US Army Corps of Engineers -Raleigh Regulatory Field. Office
James Pflaum, NCDOT PDEA-NEU
NCDWQ Wetlands 401 Transportation permitting Unit
File Copy
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