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HomeMy WebLinkAboutDiv 7 Bridges_DWR_Determinations N. 5iy STATE �y 1' ROY COOPER. o Governor r'N MICHAEL S.REGAN ` , 1n Secretary °°* S. DANIEL SMITH NORTH CAROLINA Director Environmental Quality January 22,2021 Mr.Jerry Parker NCDOT Division 7 Environmental Officer 1584 Yanceyville Street Greensboro,NC 27415 Electronic correspondence Subject: Request for surface water determinations for proposed NCDOT Division 7 bridge replacement projects and their applicability to the Jordan Lake or Randleman Lake Riparian Buffer Rules(15A NCAC 2B.0267 or.0250)and Mitigation Rules(15A NCAC 2H.0506[h]). Dear Mr.Parker: Based on a desktop review of the above referenced information,NCDWR staff concur with your surface water assessments and agree that surface water features as presented in your electronic information received on January 6, 2021 and subsequent information received on January 21,are accurate as depicted. Table 1 provides descriptions of the proposed projects. Tables 2 and 3 provide a summary of pertinent surface water data and determinations made within the proposed project areas as described in submitted information. If the US Army Corps of Engineers,in future assessments related to the proposed projects,make wetland boundary adjustments or revise wetland determinations,NCDWR staff will reassess at that time. Table 1. Proposed NCDOT Division 7 bridge replacement projects. Bridge No. TIP County Location 25 B-4956 East Steeple Chase Road, SR 1105 67 B-5714 Guilford Deep River Road, SR 1523 117 Caswell South Gatewood Road, SR 1780 85 Beeson Road, SR 1858 86 No TIP Number 167 Guilford Richard Village Way, SR 4763 183 Running Creek Road, SR 2710 205 Bethel Church Road, SR 2752 78 B-5737 Hampton Road, SR 2715 106 - Rockingham Dibrell Road, SR 1902 D ,,r). NorthNorth CaroSalinalisb DepartmenturyStreet o1617f Environmental Quality I Divisionleigh,North of Water CaroRelinasou27rces , ..."..------ 512 699 1617 UGH fH%AH O!INA 0.P..mam m e.wm.m..taw..ut 919.707.9000 Table 2. Descriptions and determinations of stream and pond features. Steam Stream Subject to Subject Bridge Feature Determination Name Classification Index Mitigation to Buffer Rules 25 Polecat WS-III 17-11-(1) yes no P Creek 67 West Fork WS-IV 17-3-(1.5) yes yes* Deep River Country Line P Creek yes no 117 UT to C 22-56-(3.7) SA I Country Line no no Creek - _ Reedy Fork 85 SA P UT to Reedy 16-11-(1) yes yes** Fork WS-III Beaver Creek 86 SA P UT to Beaver 16-11-(2) yes yes** SB Creek Pond A - - [ - - no South 167 - P Buffalo WS-V 16-11-14-2 yes yes** Creek TA E - - - no no UT to Haw 183 SA P River WS-IV 16-(6.5) yes yes** 205 Rock Creek 16-19-3.5-(1) 78 - 22-43 P Wolf Island 106 Creek C 22-48 yes no SA UT to Wolf Island Creek Notes: P is perennial;I is intermittent;E is ephemeral; *Randleman Lake; **Jordan Lake Table 3. Descriptions of wetland features. Bridge Feature Wetland Type NCWAM Rating 25 Medium 67 WA Low WB Bottomland Hardwood 117 WC Forest High WD WD 85 WA Low Riverine Swamp Forest High WB 86 WC Headwater Forest Medium WD WE Table 3. Descriptions of wetland features. Bridge Feature Wetland Type NCWAM Rating WA Floodplain Pool High WB Bottomland Hardwood Low 167 WC Forest High WD Floodplain Pool g WE Bottomland Hardwood Low Forest 183 - - - 205 Medium _ 78 WA Bottomland Hardwood Low Forest WB High 106 WC Floodplain Pool Medium WD Bottomland Hardwood Low Forest This letter only addresses the features specifically marked on the maps provided 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 Mitigation and Riparian Buffer Rules and does not approve any activity within Waters of the United States,or Waters of the State. Any impacts to wetlands,streams or riparian buffers must comply with Jordan Lake and Randleman Lake Riparian 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 .0267 and.0250 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 determination shall expire five(5)years from the date of this letter. 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 that 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 336-403-5655 or Dave.Wanucha@ncdenr.gov. IIIcen.1v -DocuSigned by: Off- wA,t,A for: '-89736FD146FE4AD... ector Division of Water Resources Dave Bailey,US Army Corps of Engineers, Raleigh Field Office Sandy Smith,Axiom Environmental,Inc. Allison Keith,Axiom Environmental,Inc. File Copy