20100752_On-Site Determination_20091221

NCDENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Bill Barrett
NCDOT-PDEA-NEU
1598 Mail Service Center
Raleigh NC 2-7699-1598
Division of water Quality
colder H. Sullins
Director
December 21, 2009
Subject: NCDOT TIP 9R-2237 C, Caldwell and Watauga County
Bailey Camp Creek and an Unnamed Tributary [Yadkin, 03-07-01, 12-5, C;Tr]
Unnamed Tributaries to Yadkin River [Yadkin, 03-07-01, 12-1, C;Tr; 303d-
Turbidity]
Middle South Fork and Unnamed Tributaries [New River, 05-07-01, 10-1-2-(1)]
On-Site Determination for Applicability to the Mitigation Rules (15A NCAC 2H.0506(h))
Dear Mr. Barrett:
Dee Freeman
Secretary
On October 28, 2009 and December 3, 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 321 in Blowing Rock, NC (Caldwell and Forsyth Counties) for
applicability to the mitigation rules (15A NCAC 2H .0506(h)). The drainage features are approximated'
on the attached map dated December 21, 2009.
Table 1: Jurisdictional stream determinations for R-2237C

Feature ID Stream Name Site visited (yes/no)
and Date visited Stream
Type*
TJ UT1 to Bailey Cam Creek Yes (12-3-09) 1 Perennial
TH Bailey Cam Creek Yes 12-3-09 Perennial
TF UT1 to Yadkin River Yes 12-3-09 Perennial
TK also TAB,TE UT2 to Yadkin River Yes 10-28-09,12-3-09 Perennial
TAH UT1 to Middle South Fork Yes 12-3-09 Perennial
TAJ also TAK,TAL,TAM Middle South Fork No Perennial
TAQ UT2 to Middle South Fork Yes 10-28-09,12-3-09 Perennial
TAS UT3 to Middle South Fork Yes 12-3-09 Perennial
TAT UT4 to Middle South Fork Yes 12-3-09 Perennial
TAW UT5 to Middle South Fork Yes 12-3-09 Perennial
Table 2: Jurisdictional Wetland determinations for R-2237C
Feature ID Site visited (yes/no) and
Date visited Wetland Type
(Riparian, Non-riparian, or Isolated)
T6 Yes 12-3-09 Riparian
TAA Yes 10-28-09,12-3-09 Riparian
TAI Yes 12-3-09 Ri arian
TAU Yes 12-3-09 Riparian
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. hilp:11h2ci enr.state.nc.us/rimetlandsl
One
NorthCarolina
Naturally
An Equal Opportunity r Attnmative Action Employer
T,ki. a Pnnrl inricdictinnal determinations for R-2237C
Feature ID Site visited (yes/no)
and Date visited Jurisdictional
(es/no
TAP-1 Yes 10-28-09 No
TAP-2 Yes 10-28-09 No
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 Wremt, 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: Monte Matthews, US Army Corps of Engineers - Raleigh Regulatory Field Office
NCDWQ Wetlands 401 Transportation Permitting Unit
File Copy