20201820 Ver 1_U5738 DWR JS_20210920

ROY COOPER
Governor
MICHAEL S.REGAN
Secretary
Environmental S.JAY ZIMMERMAN
Quality Director
March 20,2017
Ms.Amy Euliss
Division 9 Environmental Officer
NCDOT
375 Silas Creek Parkway
Winston Salem,NC 27127
Electronic correspondence
Subject: NCDOT TIP No.U-5738 Julian Road(SR 2528)Widening from US 601 (Jake
Alexander Boulevard)to I-85; On-Site Determination for Applicability to the
Mitigation Rules (15A NCAC 2H.0506[h])
Dear Ms.Euliss:
On March 8,2017,NC Division of Water Resource(NCDWR)staff,along with staff from SEPI Engineering and
Construction,US Army Corps of Engineers and yourself conducted an on-site determination to review drainage
features along Julian Road for applicability to the mitigation rules(15A NCAC 2H.0506[h]). Drainage features are
presented in Table 1 below. Features are approximated on the attached maps(Figures 2A,2B)dated and initialed.
Table 1. Surface water features.
Index Number Stream Flow Subject to NC
Stream Map ID and
Classification Status Mitigation Rule
UT to Town Creek SA* Perennial
SB 12-115-3;C _P_erennial Yes
Town Creek Town Creek Perennial
Note: *indicates that the feature was reviewed by NCDWR staff.
Please note that features identified in the jurisdictional verification request package,but were not reviewed on site
by NCDWR,will be considered accurate as presented.
This letter only addresses applicability to the sites specifically marked on the attached map and does not apply to
reaches of the channel 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 does not approve any activity within Waters of
the United States,or Waters of the State. Any impacts to wetlands and streams must comply 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 on-site 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.
K 'Nothing Compares,—,
State of North Carolina I Environmental Quality
1617 Mail Service Center I Raleigh,North Carolina 27699-1617

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 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. Sam M.Hayes,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,
"s*.>:),)
.....rL 41"
S.Jay Zimmerman,Director
Division of Water Resources
Attachments: Figures 2A,2B
Electronic copy only distribution:
James Lastinger,US Army Corps of Engineers,Raleigh Field Office
Eric Black, SEPI Engineering and Construction
File Copy

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