DWR Determinations

ROY COOPER
Governor
MICHAEL S. REGAL]
Secr etary
LINDA CULPEPPER
Director
Ms. Amy Euliss
Division 9, NCDOT
375 Silas Creek Parkway
Winston Salem, NC 27127
Electronic correspondence
NORTH CAROLINA
Environmental Quality
December 12, 2019
Subject: NCDOT's requests dated November 15, 2019 for surface water determinations within four separate project
areas as follows:
Bridge 246 on SR 2351 (Flat Swamp Road) over Lick Creek, Davidson County;
Bridge 286 on SR 2545 (Slate Mine Road) over Beaverdam Creek; Davidson County;
Bridge 108 on SR 1578 (Stokes Ferry Road) over Tuckertown Reservoir; Rowan County; and,
Culvert 311 on SR 2140 (St. Matthews Church Road) over High Rock Lake; Rowan County.
Site Determination for Applicability to the Mitigation Rule (15A NCAC 2H .0506[h])
Dear Ms. Euliss:
Based on a desktop review of the above referenced information, NCDWR staff determined that surface water
features as presented in your requests are accurate as depicted.
Table 1 below provides a description of features reviewed and determinations made, all of which agree with the
mapping provided. Wetlands that were not assessed will be considered accurate as depicted in the information
referenced above and in concurrence with the US Army Corps of Engineers should any further evaluations be
conducted by them.
This letter only addresses the features specifically marked on the maps 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.
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Table 1. Descriptions of surface water features.
Subject to
Project
Feature
Stream
Stream Name
Stream
Stream
the
Code
Determination
Classification
Index No.
Mitigation
Rule
Bride 246
SA
perennial
Lick Creek
WS-IV
12-126-(3)
Yes
Bridge 286
SB
Beaverdam
12-134-(1)
Creek
Bridge 108
Tuckertown
Tuckertown
WS-IV; B; CA
12-(124.5)
Reservoir
Open Water
Reservoir
No
Culvert 311
High Rock
High Rock
WS-IV; B
12-117-(3)
Lake
Lake
Wetlands
Bride 108
WA Yes
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].
Sincerely,
Linda Culpepper, Director
Division of Water Resources
Attachments: Topographic Maps
Nicholle Braspennickx, US Army Corps of Engineers, Charlotte Regulatory Office
File Copy