DWR Determination_B_76.docx

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
Mr. Daniel Dagenhart
Division 9 Bridge Program Manager
NCDOT
375 Silas Creek Parkway
Winston Salem, NC 27127
Electronic correspondence
NORTH CAROLINA
Environmental Quality
October 14, 2019
Subject: NCDOT Bridge 76 replacement project (WBS No. 17BP.9. R.88) over the Dan River on SR 1432 in
Stokes County; NCDOT's request dated September 9, 2019 for surface water determinations within the project area.
Site Determination for Applicability to the Mitigation Rule (15A NCAC 2H .0506[h])
Dear Mr. Dagenhart:
Per your request on September 5, 2019, NC Division of Water Resources (NCDWR) staff reviewed drainage
features with the above reference project area location in Stokes County for applicability to the mitigation rules
(15A NCAC 2H .0506[h]).
Table 1 below provides a description of features reviewed and the determination made. Please note that wetland and
stream features were not reviewed on site by NCDWR but will be considered accurate as presented and in
concurrence with any further evaluations conducted by the US Army Corps of Engineers.
This letter only addresses the features specifically marked on the maps you provided and does not apply to other
drainage features further downstream from NCDOT's project area, or to any other drainage features in the vicinity.
This letter only addresses the applicability to the Mitigation Rule and does not approve any activity within Waters of
the United States, or Waters of the State. Any impacts to wetlands and streams must comply with 404/401
regulations, water supply regulations (15A NCAC 2B .0216), and any other required federal, state and local
regulations.
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 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.
D E Q�North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1650 Mail Service Center I Raleigh, North Carolina 27699-1650
Noana GwauNn
oMwbmdofEW—v1OnifiV /"� 919.707.9000

Table 1. Bridge 76 on SR 1432 over the Dan River. Feature descriptions and determinations.
Feature Code
Stream
Determination
Stream Name
Stream
Classification
Stream Index
No.
Subject to the
Mitigation
Rule
Mainstem
Perennial
Dan River
C; Trout (Tr)
22-(1)
Yes
SA
UTs to Dan River
SB
SC
Intermittent
No
Wetlands
WA
WB
Yes
WC
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 that 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: [phone]
A copy of the petition must also be served on DEQ as follows:
Mr. Bill F. Lane, General Counsel
Department of Environmental Quality
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].
/SiMMId"ed by:
L
� (W" for:
Linda u�peppe°r, Director
Division of Water Resources
Attachments: None
Electronic copy only distribution:
Amy Euliss, NCDOT Division 9 DEO
Nicholle Braspennickx, US Army Corps of Engineers, Charlotte Regulatory Office
File Copy