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Home My WebLink About20130223_Study_20121015 NCDERTI North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild P E Dee Freeman 1 Governor Director Secretary October 15 2012 Greg Price NCDOT PDEA Natural Environment Section 1598 Mail Service Center Raleigh NC 27699 1598 Subject NCDOT U 2524C Guilford County Horsepen Creek and unnamed tributanes [Cape Fear River Basin,Subbasin 03 06 02,WSIII,NSW and WSIII,NSW,CA] On Site Determination for Applicability to the Mitigation Rules(15A NCAC 2H 0506(h) Dear Mr Price On July 25 2012 at your request and in your attendance Amy Euhss NC Division of Water Quality (NCDWQ)staff conducted an on site determination to review drainage features located in the project study area for U 2524C [Greensboro Western Loop North of SR 2176(Bryan Boulevard)to US 220(Battleground Avenue)] for applicability to the mitigation rules(15A NCAC 2H 0506(h)) The drainage features are approximated on the attached map initialed and dated October 15 2012 Please note that the Jordan Buffer Rules or Intermittent Stream mitigation are not applicable because the project is grandfathered due to the project reaching 4A prior to the Jordan Buffer Rules and Intermittent Stream Policy going into effect Feature ID Stream/Wetland Type Site Visited Stream/Wetland type SA UT to Horsepen Creek No Perennial SB UT to Horsepen Creek No Perennial SC UT to Horsepen Creek No Perennial SD UT to Horsepen Creek No Perennial SE UT to Horsepen Creek No Perennial SF UT to Horsepen Creek Yes Perennial SG UT to Horsepen Creek Yes Perennial SH UT to Horsepen Creek Yes Intermittent SI UT to Horsepen Creek Yes Perennial SJ UT to Horsepen Creek Yes Perennial SK UT to Horsepen Creek Yes Perennial SL UT to Horsepen Creek No Perennial SM UT to Horsepen Creek Yes Perennial SN UT to Horsepen Creek Yes Intermittent SO Horsepen Creek Yes Perennial SP* UT to Horsepen Creek Yes Perennial Transportation and Permitting Unit One ®�111� 1650 Mail Service Center Raleigh North Carolina 27699 1617 Location 512 N Salisbury St Raleigh North Carolina 27604 07atttrally Phone 919-807 63001 FAX 919 807 6492 Internet ism ncwateraualrty orq An Equal Opportunity 1 Affirmative Action Employer WA Wetland A No Ripanan WB Wetland B No Ripanan WC Wetland C Yes Riparian WD Wetland D Yes Riparian WE Wetland E Yes Riparian WF Wetland F No Ripanan WG Wetland G No Riparian WH Wetland H Yes Riparian WI Wetland I No Riparian WJ Wetland J Yes Ripanan WK Wetland K No _Riparian WL Wetland L No Ri anan WM Wetland M Yes Marian WN Wetland N No Riparian WO Wetland 0 No Riparian _WP Wetland P No Riparian WQ Wetland Q No Riparian *SP not a jurisdictional stream through the wetland Please note that other sites identified in the jurisdiction verification final packet dated September 4 2012 but not reviewed on site by NCDWQ will be considered accurate as presented Also,this letter only addresses applicability to the Neuse Buffer 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 and streams 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 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 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 do 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 onginal 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 � � r 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 DENR as follows Mr William Cary General Counsel Department of Environment and Natural Resources 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 me at 336 771-4959 or amy euhss@ncdenr gov Sincerely Amy Euliss Attachments signed location maps cc Andy Williams US Army Corps of Engineers--Raleigh Regulatory Field Office(electronic copy only) NCDWQ Wetlands 401 Transportation permitting Unit(electronic copy only) File Copy twi .' 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