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Home My WebLink About20201196 Ver 1_DWR Stream letter R-5737_20201028 \y41J _ v "`, ,ram`" NORTH CAROLINA ROY COOPER Environmental Quality Gverrio MICHAEL S.REGAN Secretary LINDA CULPEPPER August 6, 2018 Interim Director Ms.Amy Euliss Division 9 Environmental Officer NCDOT 375 Silas Creek Parkway Winston Salem,NC 27127 Electronic correspondence Subject: NCDOT TIP R-5737;Proposed At-Grade Intersection Conversion to Interchange near Davidson County Community College in Davidson County. Drainage features within the Yadkin Pee Dee River Basin Rich Fork and UTs to Rich Fork(12-119-7)and UTs to Abbotts Creek[12-119(6)and(4.5)] Site Determination for Applicability to the Mitigation Rules(15A NCAC 2H.0506[h]) Dear Ms. Euliss: Per your request dated June 1,2018,NC Division of Water Resource(NCDWR)staff,along with yourself and staff from the US Army Corps of Engineers and Dewberry,reviewed drainage features within the above reference project area located in Davidson County on June 20,2018 for applicability to the mitigation rules(15A NCAC 2H .0506[h]). The drainage features are approximated on the attached map(Figure 4)initialed and dated August 6, 2018. The drainage features examined in the field are listed in Table 1 below and correspond to drainage features on the attached map. The attached map was submitted to NCDWR on August 3,2018. It is a revision of the original map submitted on June 1,2018. Revisions were made as a result of the on-site field review referenced above and a change in the project boundaries. Stream determinations are provided and noted if they are subject to the Mitigation Rules. Wetland features were assessed on site by US Army Corps of Engineers and were determined to be accurate as presented. Please note that feature SA was not reviewed on site by NCDWR but is considered accurate as presented. Also,this letter only addresses the features specifically marked on the attached map 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 rules 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. — --1, tDE Q,,,, 4„....,:,.--;,„............-„,„,„ North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11617 Mail Service Center I Raleigh,North Carolina 27699-1617 919.707.9000 Table 1. Drainage features examined. Feature Stream Name Determination Subject to Classification Mitigation SA UT to Abbotts Creek perennial Yes 12-119-(4.5);WS-III;CA SB UT to Rich Fork Yes SC& Si UT to Rich Fork Ephemeral and Intermittent No SD UT to Rich Fork Perennial Yes 12-119-7;C SE Rich Fork Yes SF UT to Rich Fork No SG UT to Abbotts Creek Intermittent No 12-119(6);C SH UT to Rich Fork SI No 12-119-7;C 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: (919)431-3000,Facsimile: (919)431-3100 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 Dave.Wanucha@ncdenr.gov. 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