Improvements to SR 2601 (2)

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
October 23, 2009
James Mason
NCDOT-PDEA-NEU
1598 Mail Service Center
Raleigh NC 27699-1598
Subject: NCDOT TIP 9U-2800 and U-4734, Forsyth County
West Fork Deep River and UTs [Yadkin, 17-3-(0.3), WS IV]
Reedy Creek and UTs [Cape Fear, 16-11-(1), WSIII; NSW]
Dee Freeman
Secretary
On-Site Determination for Applicability to the Randleman and Jordan Buffer Rules (15A NCAC 2B .0250
and 15A NCAC 2B .0267)
On-Site Determination for Applicability to the Mitigation Rules (15A NCAC 2H .0506(h))
On-Site Determination for Applicability to the Isolated Wetland Rules (15A NCAC 2H .1300)
Dear Mr. Mason:
On May 27, 2009, at your request and in your attendance, Amy Euliss, NC Division of Water Quality
(NCDWQ) staff, conducted an on-site determination to review drainage features located in the vicinity of
Macey Grove Road and Business 40 in Kernersville (Forsyth County) for applicability to the Randleman
Lake and 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 prepared by NCDOT initialed by
myself and dated October 19, 2009.
Table 1: Jurisdictional stream and buffer determinations for U-2800 and U-4734 in Forsvth Countv
Feature
ID Stream Name Site visited (yes/no)
and Date visited Stream
Type" Buffer Rules
Applicable (NA-
not applicable)
S1 UT to West Fork Dee River No Ephemeral NA
S2 UT to West Fork Dee River Yes, 5-27-2009 Perennial Randleman
S3 UT to West Fork Dee River No Ephemeral NA
S4 UT to West Fork Dee River No Ephemeral NA
S5 UT to West Fork Dee River Yes, 8-9-2005 Intermittent Randleman
S6 West Fork Dee River Yes, 2-26- 2007 Perennial Randleman
S7 UT to West Fork Dee River No Ephemeral NA
S8 UT to Reed Fork No Perennial Jordan
S9 UT to West Fork Dee River No Intermittent Randleman
S10 UT to West Fork Dee River No Intermittent Randleman
S11 UT to West Fork Dee River No Intermittent Randleman
S12 UT to West Fork Dee River Yes, 2-26-2007 Intermittent Randleman
S13 UT to West Fork Dee River Yes, 2-26- 2007 Intermittent Randleman
S14 UT to West Fork Dee River No E hemeral NA
S15 UT to West Fork Dee River Yes, 2-26-2007 Intermittent Randleman
S16 Reed Fork Yes, 5-27-2009 Perennial Jordan
S17 UT to Reed Fork Yes, 5-27-2009 Perennial Jordan
S18 UT to Reed Fork Yes, 5-27-2009 Intermittent Jordan
Transportation Permitting Unit
1650 Mail service Center, Raleigh, North Carolina 27699-1650
Location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone]
Internet: httpalh2o.enr.state.nc.uslnowetlandsl
NorthCarolina
Natimally
An Equal Opportunity 1 Affirmative Action Employer
S19 UT to Reed Fork Yes, 5-27-2009 Perennial Jordan
S20 UT to Reed Fork Yes, 5-27-2009 E hemeral NA
Table 2: Jurisdictional Wetland determinations for U-2800 and U4734 in Forsyth County
Feature ID Site visited (yes/no)
and Date visited Wetland Type
(Riparian, Non-riparian, or Isolated
W1 No Riparian
W2 Yes, 5-27-2009 Non-riparian
W3 Yes, 5-27-2009 Non-riparian
W4 Yes, 5-27-2009 Non-riparian
W5 Yes, 5-27-2009 Non-riparian
W6 Yes, 5-27-2009 Riparian
W7 Yes, 5-27-2009 Riparian
W8 Yes, 5-27-2009 Riparian
W9 Yes, 5-27-2009 Riparian
W10 Yes, 5-27-2009 Riparian
W11 Yes, 8-9-2005 Isolated
Table 3: Pond jurisdictional determinations for U-2800 and U-4734
Feature ID Site visited (yes/no)
and Date visited Jurisdictional
es/no Buffer Rules Applicable
NA-not applicable)
P1 Yes, 5-27-2009 No NA
P2 Yes, 5-27-2009 No NA
P3 Yes,5-27-2009 Yes Jordan
P4 No Yes Jordan
Pond associated
with W11 Yes, 8-9-2005 No NA
Please note that other sites identified in the jurisdiction verification request package but not reviewed on
site by NCDWQ will be considered accurate as presented.
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, streams and buffers must comply with the Randleman Lake or Jordan Lake Buffer Rules,
404/401 regulations, water supply regulations (15A NCAC 2B .0216), and any other required federal,
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 .0250 and 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 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,
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 contact me at 336-771-4959
or at [e-mail].
Sincerely,
Amy Euliss
Attachments: Signed Location Map
cc: John Thomas, US Army Corps of Engineers - Raleigh Regulatory Field Office
Susan Shelingoski, URS Corporation, 1600 Perimeter Park Drive, Suite 400, Morrisville, NC
27650
NCDWQ Wetlands 401 Transportation Permitting Unit
File Copy