stream calls US 221 R2597 R0204DE

October 24, 2012
Jeff Hemphill
NCODT PDEA NES
1598 Mail Service Center
Raleigh, NC 27699
Subject: NCDOT US 221 Widening (TIP 4 R- 2597/R- 0204D &E), Rutherford and McDowell
County
Unnamed tributaries to Mountain Creek [Broad River Basin, 03 -06 -04 , Class C]
Unnamed tributaries to Cathey's Creek ]Broad River Basin, Basin Number, 03- 08 -02,
Class WSV]
Second Broad River and unnamed tributaries [Broad River Basin, 03- 08 -02, Class
WSV]
Stoney Creek [Broad River Basin, 03- 08 -02, Class WSV1
Rockhouse Creek [Broad River Basin, 03- 08 -02, Class WSV2
Scrub Grass Branch and unnamed tributaries [Broad River Basin, 03- 08 -02, Class
WSV]
Unnamed tributaries to Stanfords Creek [Catawba River Basin, 03- 08 -30, Class C]
Goose Creek and unnamed tributaries [Catawba River Basin, 03- 08 -30, Class C]
North Muddy Creek and unnamed tributaries [Catawba River Basin, 03- 08 -30, Class
C]
Hicks Branch and unnamed tributaries [Catawba River Basin, 03- 08 -30, Class C]
Youngs Fork (Corpening Creek) and unnamed tributaries [Catawba River Basin, 03-
08 -30, Class Cl
On -Site Determination for Applicability to the Mitigation Rules (15A NCAC 2H ,0506(h))
Dear Mr. Hemphill:
Dee Freeman
Secretary
On September 27 and October 1, 2012, at your request and in your attendance, Amy Euliss, NC Division of Water
Quality (NCDWQ) staff, conducted an on -site deternrination to review drainage features located along the US 221
project study corridor for R- 2597/R- 0204D&E in Rutherford and McDowell Counties for applicability to the
mitigation rules (15A NCAC 2H .0506(h)). Please refer to the Regulatory Field Verification Packet submitted by
Mr. Jeff Hemphill, NCDOT PDEA NES dated October 5, 2012 (dated received electronically by NCDWQ- Winston
Salem Regional Office on October 16, 2012) for a complete list of jurisdictional shears, wetlands and
corresponding location maps.
Please note that other sites identified in the Regulatory field Verification packet but not reviewed on site by
NCDWQ will be considered accurate as presented. Also, this letter only addresses applicability to the Mitigation
Rules at the sites specifically marked on the raps included in the Regulatory Field Verification Packet referenced
above 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
Transportation and Permitting Unit
1650 Mail Service Center, Raleigh, Forth Carolina 27699 -1617
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604
Phone: [phone] t FAX: [phone]
Internet: www.nmaterouality.ora
An Equal Opportunity 4 Affirmative Action Employer
i

buffers must comply with the 404/401 regulations, water supply regulations (15A NCAC 213 .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 c/o Amy Chapman, 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 8:00am 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 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 DFNR 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 Amy Euliss at 336- 771 -4959 or
amy.euliss @ncdenr.gov.
Sincerely,
f
Amy Euliss
cc: Lori Beckwith, US Army Corps of Engineers — Asheville Regulatory Field Office (electronic copy only)
NCDWQ Wetlands 401 'Transportation permitting Unit (electronic copy only)
Mike Parker -ARO (electronic copy only)
File Copy