20191744 Ver 1_NCDWR Stream Determination_Bridge 19_Caswell_Revised_20191220

NORTH CAROLINA
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MI HAEL S. RE AN
S-retary
UNDA CULPEPPE.R
In rerun Djrec?cr
July 12, 2018
Jerry Parker, NCDOT
Division 7 Environmental Supervisor
PO Box 14996
Greensboro, NC 27415
Subject: On -site Determination for Applicability to the Mitigation Rules per 15A NCAC 2H .0506[h].
Proposed Project: Replace Bridge 19 over Lynch Creek on Dave Smith Road (Sr 1771) in Caswell
County.
Dear Mr. Parker:
On May 22, 2018, drainage features described in Table 1 were assessed regarding applicability to mitigation
requirements. Representatives from the United States Army Corps of Engineers (USACE) and Ecosystem Planning
and Restoration were present for the site visit.
NCDWR acknowledges the areas and boundaries identified as jurisdictional wetlands by the USACE. The attached
map(s) accurately depicts stream determinations conducted during the site visit.
Table 1. Description of drainage features.
Stream
Feature
Stream
Stream
Applicable
Mitigation
Code
Basin
Sub -basin
Buffer
Name
Classification
Index No.
Rule
Rule
Lynch
Lynch
Roanoke
ROA05
C
22-58-1-2
N/A
Subject
Creek
Creek
UT to
Lynch
SA
Roanoke
ROA05
C
22-58-1-2
N/A
Not Subject
Creek
NCDWR has determined that the above feature identified as Lynch Creek is perennial and is subject to mitigation
rules. This letter only addresses the applicability to the mitigation rules and does not approve
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Centers Raleigh, North Carolina 27699-1617
919.707.9000

NORTH CAROLINA
ROY COOPER Ertlr m"MertralQuality
(+ ICHAEL S. RE AN
541crerary
LINDA CULPEPPER
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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 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
8:00am and 5:00pm, 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: [phone]
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North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center) Raleigh, North Carolina 27699-1617
919.707.9000

NORTH CAROLINA
R.OY COOPER Enwlronmenna7 Quality
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MI HAEL S. PECAN
Srcrerarro°
LiNDA CULPEPPF-f
In rerim Djrec?of
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 April Norton at 919-707-9111 or
April.Nortongncdenr. gov.
Sincerely,
DocuSigned by:
n/e.,xe,,,
03BAC6376A6340D...
Attachments: Jurisdictional Features Map
Electronic copy only distribution:
David Bailey, US Army Corps of Engineers, Raleigh Field Office
Nikki Thompson, Division 7 Environmental Assistant
Amy James, Ecosystem Planning and Restoration
File Copy
e:.w;-0'0'D E
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Centers Raleigh, North Carolina 27699-1617
919.707.9000

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Legend .�
Study Area
Streams
Wetlands
0 75 150 300 17BP.7.R.110
BRIDGE 19 OVER
Feet LYNCH CREEK ON SR 1771.
FIGURE 4 PREPARED BY: DATE:
CASWELL COUNTY, NC p r E JUNE
JURISDICTIONAL RESOURCES y� ""'"G&
p$ l ReSroaanOn 2018
�h% 7/12/2018