20201819 Ver 1_DWR Determination_B_230.docx_20210429

August 12, 2019

Ms. Amy Euliss
Division 9 Environmental Officer
NCDOT
375 Silas Creek Parkway
Winston Salem, NC 27127
Electronic correspondence

Subject: NCDOT Bridge 230 replacement project (WBS No. 17BP.9.R.79) over Pounder Fork in Davidson
County; NCDOT’s request dated June 24, 2019 for surface water determinations within the project area.

Site Determination for Applicability to the Mitigation Rule (15A NCAC 2H .0506[h])

Dear Ms. Euliss:

On August 1, 2019, NC Division of Water Resource (NCDWR) staff along with you and staff from Three Oaks
Engineering and the US Army Corps of Engineers conducted field verifications at the above referenced project site
to determine the accuracy of information provided. Based on a thorough field review and additional assessments,
and in concurrence with all parties involved, a few revisions were made to the original features submitted.

Table 1 below provides a description of features evaluated and final determinations made.

This letter only addresses the features specifically marked on the revised maps provided and does not apply to other
drainage features further downstream from NCDOT’s project area, or to any other drainage features in the vicinity.

This letter only addresses the applicability to the Mitigation Rule and does not approve any activity within Waters of
the United States, or Waters of the State. Any impacts to wetlands and streams must compl y with 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 NCDWR (and other relevant agencies) of this
determination in any future correspondences concerning this property and/or project. This determination shall
expire five (5) years from the date of this letter.

Landowners or affected parties that dispute a determination made by NCDWR 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, NCDWR
Wetlands/401 Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617.

Table 1. Bridge 230 on Becks Church Road over Pounder Fork. Feature descriptions and determinations.
Feature Code Stream
Determination Stream Name Stream
Classification
Stream Index
No.
Subject to the
Mitigation
Rule
Mainstem Perennial Pounder Fork
WS-V; B 12-120
Yes
SA UT to Pounder
Fork
Intermittent No SB Intermittent
SD Perennial Yes
Wetlands
WA
Yes
WC
WD
WE
WF

Individuals that dispute a determination by NCDWR 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 that 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: [phone]

A copy of the petition must also be served on DEQ as follows:

Mr. Bill F. Lane, General Counsel
Department of Environmental Quality
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 Dave Wanucha at 336 -776-9703
or [e-mail].

Sincerely,

Linda Culpepper, Director
Division of Water Resources

Attachments: Topographic Map (Figure 3)
Electronic copy only distribution:
Bryan Roden-Reynolds, US Army Corps of Engineers, Charlotte Regulatory Office
File Copy
for: