u5169 stream call letter

OUR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, RE
Governor Director
November 28, 2012
Jeff Benton
Environmental Services, INC.
9401 -C Southern Pine Boulevard
Charlotte, NC 28273
Subject: NCDOT (TIP # U -5169) US 311 (I -74)/ NC 68 Interchange Ramp Improvement project,
Guilford County
Unnamed Tributaries to West Fork Deep River (Oak. Hollow Lake) and West Fork Deep
River [Cape Fear River Basin, Sub -basin no. 03- 06 -08, WS IV; CA and WSIV; *]
On -Site Determination for Applicability to the Mitigation Rules (15A NCAC 2H .0506(h))
On -Site Determination for Applicability to the Randleman Buffer Rules (I 5A NCAC 2B .0250)
Dear Mr. Benton:.
Dee Freeman
Secretary
On, August 21, 2012 with subsequent visits on September 19 and October 1.7, 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 U -5169 project study area for applicability to the mitigation rules (15A
NCAC 2H .0506(h)) and the Randleman Buffer Rules. The drainage features are approximated on the attached map
initialed and dated November 28, 2011
Feature Ill
Name
Site Visited
Buffered
SA
UT to West Fork Deep River
Yes
Yes
SB
UT to West Fork Deep River (Oak Hollow Lake)
Yes
Yes
SC
UT to West Fork Deep River (Oak Hollow Lake)
Yes
Yes
SD
UT to West Fork Deep River
Yes
Yes
SE
UT to West Fork Deep River
Yes
Yes
SF
UT to West Fork Deep River (Oak Hollow Lake)
Yes
Yes
Please note that no other features at the site were evaluated Also, this letter only addresses applicability to the
Randleman 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, streams and
buffers must comply with the Randleman 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 .0250 is
required.
The owner (or future owners) or permittee should notify NCDWQ (and other relevant agencies) of this
Transportation and Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699 -1617
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604
Phone: 9IM07 -63001 FAX: [phone]
Internet www ncwatermuality ors
An Equal Opportunity � Affirmative Action Employer
One
NorthCarohna

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 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 Amy Euliss at 336 - 771 -4959 or
amy. [e-mail].
Sincerely,f
Airy �uliss
Environmental Specialist
Attachments: Signed location map
cc: Andy Williams, US Army Corps of Engineers Raleigh Regulatory Field Office (electronic copy only)
NCDWQ Wetlands 401 Transportation perrnitting Unit (electronic copy only)
File Copy