20190506_Jurisdictional Determination_20130624

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Thomas A. Reeder John E. Skvarla, III
Governor Acting Director Secretary
June 24, 2013
Jason Dilday
NCDOT PDEA NES
1598 Mail Service Center
Raleigh, NC 27699 -1598
Subject: NCDOT TIP # B -5349 Alamance County
Back Creek (Little Creek) and Unnamed Tributaries [Cape Fear River Basin,
CPF03 (03 -06 -03) Class WSV; NSW]
On -Site Determination for Applicability to the Jordan Lake Riparian Buffer Rules (15A NCAC 2B.0267)
On -Site Determination for Applicability to the Mitigation Rules (15A NCAC 2H .0506(h))
Dear Mr. Dilday:
On June 5, 2013, 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 project
study area for applicability to the Jordan Lake River 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 June 24, 2013.,
Stream Id
Stream Name
Stream Type
Buffered
Mitigable
es/No
es/No
SA
Back Creek
Perennial
Yes
Yes
SB
UT to Back
Perennial
Yes
Yes
Creek
Sc
UT to Back
Intermittent
No
Yes
Creek
Please note that no other features at the site were evaluated. Also, this letter only addresses
applicability to the Jordan 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 Jordan Lake Buffer Rules, 404/401 regulations,
water supply regulations (15A NCAC 2B .0216), and any other required federal, state and local
Transportalion and Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699 -1650
Location: 512 N. Salisbury St Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone]
Internet www.nowatergualitv.om
Ari Equal Opportunity l Affirmative Action Employer
NorthCarolina
Naturally

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 .0267 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 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:O0pm; 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. 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,
Amy Euliss
Attachments: signed location map
cc: Andy Williams, US Army Corps of Engineers — Raleigh Regulatory Field Office (electronic copy
only)
NCDWQ Wetlands 401 Transportation Permitting Unit
File Copy