R-2577 (2)

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Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild P E
Governor Director
April 2012
Phil May
Carolina Ecosystems Inc
3040 NC 42 West
Clayton NC 27520
Subject NCDOT (TIP # R 2577) NC 158 widening from Winston Salem in Forsyth County
to US 220 in Guilford County
Troublesome Creek and unnamed tributaries [Cape Fear 03 06 01 WSIII]
Kmgs Creek and unnamed tributaries [Roanoke 03 02 01 B]
Belews Creek and unnamed tributaries [Roanoke 03 02 01 C]
Left Fork Belews Creek and unnamed tributaries [Roanoke, 03 02 01 C]
Martin Mill Creek and unnamed tributaries [Yadkin, 03 07 02 WSIII]
Lowery Mill Creek and unnamed tributaries [Yadkin, 03 07 04 WSIII]
On Site Determination for Applicability to the Jordan Buffer Rules (15A NCAC 2B 0267
On Site Determination for Applicability to the Mitigation Rules (15A NCAC 2H 0506(h))
Dear Mr May
On January 10 2012 and February 1 2012 at your request and in your attendance Amy Euliss NC
Division of Water Quality ( NCDWQ) staff conducted an on site determination to review drainage
features located in the project study area for R 2577 for applicability to the Jordan buffer Rules and for
applicability to the mitigation rules (15A NCAC 2H 0506(h) Please refer to the updated Jurisdiction
packet prepared by Carolina Ecosystems me dated March 16 2012 for a complete list of jurisdictional
streams buffers and wetlands and location maps for these features
Dee Freeman
secretary
Please note that other streams wetlands and buffers identified in the updated Jurisdiction verification
package dated March 16 2012 but not reviewed on site by NCDWQ will be considered accurate as
presented Also this letter only addresses applicability to the Jordan Buffer Rules in the project
study area marked on the location maps and does not apply to reaches of the channel [or drainage
feature] further downstream from the NCDOT project study area
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 comps with the Jordan 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 is required _
The owner (or future owners) or permittee should notify NCDWQ (and other relevant agencies) of this
determination 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 One
Phone [phone] FAX 336 771A630 NorthCarolina
Internet www rimaterquallty org
An Equal Opportunity 1 Affirmative Action Employer

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 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 OOam and
5 OOpm 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 [phone] Facsimile (919 )-733 3478
A copy of the petition must also be served on DENR as follows
Ms Mary Penny Thompson General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh NC 27699 1601
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 Amy Euliss at 336 771
4959 or at amy euliss @ncdenr gov
Sincerel
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Amy Euliss
-cc- John Thomas US Army Corps of Engineers - Raleigh Regulatory Field Office (electronic copy
only)
Greg Price NCDOT PDEA (electronic copy only)
NCDWQ Wetlands 401 Transportation permitting Unit (electronic copy only)
File Copy