20120592_Mitigation Information_20110926

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H Sullins
Governor Director
September 26 2011
Jason Dilday
Project Development and Environmental Analysts NEU
North Carolina Department of Transportation
1548 Mail Service Center
Raleigh North Carolina 27699 1548
Subject NCDOT B 4836 SR 1331 Watauga County
South Fork New River and Unnamed Tributary [New River Class C + 10 1 (3 5)]
On Site Determination for Applicability to the Mitigation Rules (15A NCAC 2H 0506(h))
Dear Mr Dilday,
Dee Freeman
Secretary
On June 17 2011 at your request and in your attendance Amy Euliss NC Division of Water Quality
( NCDWQ) staff along with Monte Matthews USACE conducted an on site determination to review
drainage features located at Bridge No 59 on SR 133 in Watauga County for applicability to the
mitigation rules (15A NCAC 2H 0506(h)) The drainage features are approximated on the attached map
initialed and dated September 26 2011
StreamlWetland Name
Site Visited
Stream/Wetland Type
UT South Fork New River
Yes
Intermittent
South Fork New River
Yes
Perennial
Wetland A
Yes
Headwater forest
Wetland B
Yes
Non tidal FW marsh
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 vic,mity
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 and streams 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 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
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 1877-623 6748
Internet www ncwaterquality org
An Equal Opportunity 1 Affirmative Action Employer
NorthCarohn,
;Vatuntl Y

Landowners or affected parties that dispute a determination made by NCDWQ or Delegated Local s
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
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
Sincerely
Amy Euliss
Environmental Specialist
Attachments Signed location map
cc Heath Slaughter NCDOT Divisionif DEO
Monte Matthews US Army Corps of Engineers — Raleigh Regulatory Field Office
NCDWQ Wetlands 401 Transportation permitting Unit_
File Copy

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