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HomeMy WebLinkAboutSR 1303NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director October 20, 2010 Kate Montieth The Catena Group, Inc 410-B Millstone Drive Hillsborough, NC 27278 Subject: NCDOT Bridge No. 46, Big Oak Farm Road (SR 1303), Caswell County Moon Creek and Unnamed Tributaries to Moon Creek (Roanoke, 22-51, C] On-Site Determination for Applicability to the Mitigation Rules (15A NCAC 21-1.0506(h) Dear Mrs. Montieth; Dee Freeman Secretary On October 6, 2010, at your request and in your attendance, Amy Euiiss, NC Division of Water Quality (NCDWQ) staff along with Jerry Parker, NCDOT and Andy Williams, USACE, conducted an on-site determination to review drainage features located at Bridge No. 46 on SR 1303 in Caswell County for applicability to the mitigation rules (15A NCAC 214.0506(h)), The drainage features are approximated on the attached map initialed and dated October 20, 2010. ' Feature ID Stream Site Visited Stream type S1 UT to Moon Creek Yes Perennial S2 UT 2 to Moon Creek Yes Perennial S3 Moon Creek Yes Perennial S4 UT 3 to Moon Creek Yes E hemeral/Intermittent Feature ID Wetland Site Visited Wetland type W1 Wetland 1 Yes Riparian Please note that no other features at the site were evaluated. 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 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 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 North Carolina Division of Water Quality, Winston-Salem Regional Office Location, 585 Waughtown St. Winston-Salem, North Carolina 27107 Phone: 336-771-50001 FAX: 336-771-46301 Customer Service: 1.677523-6748 Internet: w nmaterquality org North U xohm Aawally An Equal Opponunity 1 Affirmative Action Employer Director in writing c/o Brian Wrenn, 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 call me at 336-771-4959 or at amy.euliss@ncdenr.gov. Sinc ly, Amy Euliss Environmental Specialist Attachments: Signed location map cc: Jerry Parker, NCDOT-Division 7, DEO Andy Williams, US Army Corps of Engineers -Raleigh Regulatory Field Office NCD WQ-W.etlands_401 Transportation-permitting Unit File Copy Iz OP 04