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Home My WebLink About20210553 Ver 1_NCDWR_STIP 5896_Stream Determination Letter_20211011 State of North Carolina | Environmental Quality 1617 Mail Service Center | Raleigh, North Carolina 27699-1617 ROY COOPER Governor MICHAEL S. REGAN Secretary LINDA CULPEPPER Interim Director July 2, 2018 Jeff Hemphill, NCDOT Environmental Coordination and Permitting 1598 Mail Service Center Raleigh, NC 27699 Subject: On-site Determination for Applicability to the Mitigation Rules (15A NCAC 2H .0506). On-site Determination for Applicability to the Randleman Lake Riparian Buffer Rules (15A NCAC 2B .0250). Subject Property: US 29/US 70/I-85B/South Main Street Interchange Reconstruction in High Point, Guilford County. STIP U-5896. Dear Mr. Hemphill: On July 19, 2018, North Carolina Division of Water Resource (NCDWR) conducted an on-site determination to review drainage features described in Table 1 regarding applicability to mitigation requirements. Representatives from the North Carolina Department of Transportation (NCDOT), United States Army Corps of Engineers (USACE) and Three Oaks Engineering were present for the site visit. NCDWR acknowledges the areas and boundaries identified as jurisdictional wetlands by the USACE. The attached map(s) accurately depicts stream determinations conducted during the site visit. Table 1. Description of drainage features. Stream Name Feature Code Basin Sub-Basin Stream Classification Stream Index No. Applicable Buffer Rule Mitigation Rule Richland Creek Richland Creek Cape Fear CPF08 WS-IV 17-7-(0.5) Subject Subject UT to Richland Creek SA Cape Fear CPF08 WS-IV 17-7-(0.5) Subject Subject UT to Richland Creek SB-I Cape Fear CPF08 WS-IV 17-7-(0.5) Subject Not Subject UT to Richland Creek SB-P Cape Fear CPF08 WS-IV 17-7-(0.5) Subject Subject UT to Richland Creek SC Cape Fear CPF08 WS-IV 17-7-(0.5) Subject Subject UT to Richland Creek SD Cape Fear CPF08 WS-IV 17-7-(0.5) Subject Subject UT to Richland Creek SE-I Cape Fear CPF08 WS-IV 17-7-(0.5) Subject Not Subject UT to Richland Creek SE-P Cape Fear CPF08 WS-IV 17-7-(0.5) Subject Subject UT to Richland Creek SF Cape Fear CPF08 WS-IV 17-7-(0.5) Subject Not Subject UT to Richland Creek SG Cape Fear CPF08 WS-IV 17-7-(0.5) Subject Not Subject NCDWR has determined that the above features identified as Richland Creek, SA, SB-P, SC, SD, and SE- P are perennial and are subject to the mitigation rules cited above. Additionally, the Randleman Lake Riparian Buffer Rules apply to streams within the study area. This letter only addresses the applicability to the mitigation rules and buffer 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 NCDW R (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 writin g c/o Amy Chapman, NCDWR Wetlands/401 Unit, 1617 Mail Service Center, Raleigh, NC 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 wi th 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 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 contact April Norton at 919- 707-9111 or April.Norton@ncdenr.gov. Sincerely, Attachments: U-5896 Jurisdictional Features Map Electronic copy only distribution: David Bailey, US Army Corps of Engineers, Raleigh Field Office James Mason, Three Oaks Engineering File Copy 3 FigureReconstruct US 29/ US 70/ I-85 Business Interchange at SR 1009 (South Main St) STIP U-5896 Jurisdictional Features Map Guilford County, North Carolina SC SF SG SB SE SB SA Richland Creek Richland Creek SD WC WA WB WB WD WE NC Center for Geographic Information & Analysis 0400200 Feet 18-011 NMS NDH June 2018 [ Potential Perennial Stream Potential Intermittent Stream Culvert Potential Wetland U-5896 Project Study Area Inset Please See Inset WA Prepared For:Date: Checked By: Job No.: Drawn By: Scale: Revised June 20187/2/2018