20200639 Ver 1_Buffer and/or Stream Determination_20200526

DocuSign Envelope ID: E8CC6C8D-648F-4750-81C6-0558D7C03254
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
Randal C. Howard, PE, PLS
Sungate Design Group, PA
Via Email
NORTH CAROLINA
Ert0ronmenfrtt Quality
May 26, 2020
Subject: 20200639, Broad Street Culvert Replacement, Orange County
UT to Tanbark Br. [Cape Fear, 16-41-1-15-1-3, WS-V, NSW]
On -Site Determination for Applicability to the Jordan Buffer Rules (15A NCAC 2B .0267)
Dear Mr. Howard:
On May 26, 2020, at your request, NC Division of Water Resource (NCDWR) staff, conducted an on -site
determination to review drainage features located Broad St. in Carrboro for applicability to the Jordan Lake Buffer
Rules. The drainage features are approximated on the attached map initialed and dated May 26, 2020.
The subject stream runs through an existing culvert under a gravel section of Broad St. in Carrboro, Orange County.
The subject stream is shown on the soil survey map; but not on the USGS map.
NCDWR has determined that the stream feature labeled as "A" on the attached map is subject to the Jordan
Lake Buffer Rules within the proposed project area. Please note that no other features at the site were evaluated.
Also, this letter only addresses applicability to the Jordan Lake Buffer Rules at the site specifically marked on the
attached map and does not apply to reaches of the drainage feature further downstream from the project area, or to
any other drainage features in the vicinity.
Stream Name
River Basin
Stream Type
Stream
Classification(s)
Stream Index
Number
UT to Tanbark Branch
Cape Fear
WS-V, NSW
16-41-1-15-1-3
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 Jordan Lake Buffer Rules, 404/401 regulations, water supply regulations (15A NCAC
2B .0216), and any other required federal, state and local regulations. While USACE may require mitigation for
impacts to intermittent and perennial streams, NCDWR limits mitigation to perennial streams with impacts greater
than 300 linear feet. 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 .0267 is required.
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.
QEQ
North Carolina Department of Environmental Quality I Division of Water Resources
�Lc 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000

DocuSign Envelope ID: E8CC6C8D-648F-4750-81C6-0558D7C03254
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]
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 email Robert Patterson at
[e-mail].
Sincerely,
DOCUSigned by:
PIM,(A
9C9886312DCD474...
S. Daniel Smith, Director
Division of Water Resources
Attachments: soil survey map
Electronic copy only distribution:
David Bailey, US Army Corps of Engineers, Raleigh Field Office
Scott Vinson, NCDWR Raleigh Regional Office
File Copy
QEQ
North Carolina Department of Environmental Quality I Division of Water Resources
�Lc 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000

000"SignEnvelope ID: E8CC0C8o-648r-4750-8lC6-0*58o7C03254
Soil Map for 2U2O0639_Broad5t`{Cardboro