20091070 Ver 1_Site Inspection_20110104

NC®ENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Division of Water Quality
Coleen H. Sullins
Director
January 4, 2011
James Pflaum
NCDOT PDEA-NEU
1598 Mail Service Center
Raleigh, NC 27699-1598
Subject: Jurisdictional Determination for Interchange additions at SR 3418 (Neelley Road),
Guilford County. Federal Aid No. NHF-421 (11); State Project 8.1493301; TIP No.
R-2612B.
UTs to Big Alamance Creek [Class WSIV; NSW; Cape Fear; 03-06-03]
UTs to Lynnwood Lake [Class WSIV; NSW; Cape Fear; 03-06-03]
On-Site Determination for Applicability to the Mitigation Rules (15A NCAC 2H .0506(h)
Dear Mr. Pflaum;
On November 10, 2010, at your request and in your attendance, Amy Euliss, NC Division of Water
Quality (NCDWQ) staff along with Andy Williams, USACE, conducted an on-site determination to
review drainage additional features located in the project study area for the Interchange additions at SR
3418 (Neelley Road) in Guilford County for applicability to the mitigation rules (15A NCAC 2H
.0506(h)). The drainage features are approximated on the attached map initialed and dated January 4,
2011.
Feature ID StreamlWetland
type Date Visited
(DWQ Mitigation
Required (DWQ
Big Alamance Creek Perennial November 10, 2010 Yes 1:1
2D2 Intermittent May 8, 2007 No
S7 Perennial May 8, 2007 Yes 1:1
SE Perennial November 10, 2010 Yes 1:1
SF Intermittent November 10, 2010 No
SL Intermittent November 10, 2010 No
SK Intermittent November 10, 2010 No
SM Perennial November 10, 2010 Yes 1:1
2C Intermittent May 8, 2007 No
2B Intermittent May 8, 2007 No
2A1 Intermittent May 8, 2007 No
2A2 Intermittent May 8, 2007 No
SH Intermittent Didn't see No
SG same stream as SJ Perennial November 10, 2010 Yes 1 1
SJ Same stream as SG Intermittent November 10, 2010 No
Wetland A Non-riverine November 10, 2010 Yes 1:1
Wetland B Non-riverine November 10, 2010 Yes 1:1
Wetland C Non-riverine November 10, 2010 Yes 1:1
Wetland 9 Riverine May 8, 2007 Yes 1:1
Wetland 11 Riverine May 8, 2007 Yes 1:1
North Carolina Division of Water Quality, Winston-Salem Regional Office
Location: 585 Waughtown St. Winston-Salem, North Carolina 27107
Phone: [phone] FAX: [phone] Customer Service: 1-8776235748
Internet: vmu.nmaterquallty.org
An Equal Opportunity 1 Affirmative Action Employer
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Dee Freeman
Secretary
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NorthCarolin;
Aatgrally
Pond 1 Non JD November 10, 2010 No
Pond 2 JD November 10, 2010 Yes 1:1
Pond 3 Non JD Not visited No
Pond 4 JD May 8, 2007 Yes 1:1
Please note that no other features at the site were evaluated. Also, this letter only addresses
applicability to the mitigation rules at the site specifically marked on the attached map and does
not apply to reaches of the channel [or drainage feature] further downstream from the NCDOT
project area, or to any other drainage features in the vicinity.
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 Buffer Rules, 404/401 regulations, water
supply regulations (l 5A 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 .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 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
"exdmpts" 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. NCD WQ 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 [e-mail].
Sincer ,
I
Amy Eul ss
Environmental Specialist
Attachments: Signed location map
cc: Jerry Parker, NCDOT-Division 7, DEO
Andy Williams, US Army Corps of Engineers -Raleigh Regulatory Field Office
NCDWQ--Wetlands 401-T ransportanon-permittina Unit
File Copy
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