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HomeMy WebLinkAbout20140054_Study_20130121A •w!: KD NR North Carolina Department of Environment and Natural Resources Division of Water Quality Pat McCrory Charles Wakild, P. E. John E. Skvarla, III Governor Director Secretary January 21; 2013 Chris Sheets The Catena Group, Inc. 410 -13 Millstone Drive Hillsborough, NC 27278 Subject: NCDOT (17BP.7.R.22) Bridge No. 780895, Guilford County Boulding Branch [Cape Fear River Basin, CPF 08 (03- 06 -08), WSIV *] On -Site Determination for Applicability to Randleman Buffer Rules (15A NCAC 213 .0250) On -Site Determination for Applicability to the Mitigation Rules (15A NCAC 2H .0506(h)) Dear Mr. Sheats: On December 6, 2013, the Winston Salem Regional Office received a request for jurisdictional verification.fro Division 7 Bridge Wetland and Stream verifications.in Rockingham and Guilford Counties. On January 7, 201 "2, Amy Euliss, NC Division of Water Quality (NCDWQ) staff, and Andy Williams, USACE staff, conducted an on -site determination to review drainage features located at Bridge No 780895 on Lexington Ave in Guilford County for applicability to the Randleman Lake buffer Rules and for applicability to the mitigation rules (15A NCAC 2H .0506(h)). The drainage features are approximated on the attached map initialed and dated January 22, 2013. The other sites in the package were not verified in the field, and this letter does not address them. Feature ID Site Visited Stream/Wetland Tv De Buffered SA Yes Intermittent Yes SB Yes Perennial Yes Boulding Branch Yes Perennial Yes Wetland Yes Bottomland Hardwood Not Applicable 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. North Carolina Division of Water Quality, Winston -Salem Regional Office Location: 585 Waughtown St. Winston-Salem, North Carolina 27107 .0ne Phone: 336. 771 -50001 FAX: 336- 771.46301 Customer Service: 1. 877.623.6748 NaO'�hCai ollna Internet: vnvw.ncwaterquality.org `' YatUPZl An Equal Opportunity 1 Affirmative Action Employer 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 213..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 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 adjudicatoty 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 fled 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 most also be served on DENR as follows: Mr. Lacy Presnell, 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.culiss@ncdenr.gov. Sincerely, At, �, � Amy Euliss E Y i a 1 Attachments: signed location map cc: Andy Williams, US Army Corps of Engineers — Raleigh Regulatory Field Office (electronic copy only) Jerry Parker, DEO Division 7 (electronic copy,only) NCDWQ Wetlands 401 Transportation Permitting Unit (electronic copy only) File Copy I