20201505 Ver 1_B-5728 NCDWR Stream Determination Letter_B-5728_20220106

North Carolina Department of Environmental Quality  Division of Water Resources
512 North Salisbury Street  1617 Mail Service Center  Raleigh, North Carolina 27699-1617
919.707.9000

September 19, 2018

William Barrett, NCDOT
Environmental Analysis Unit
1598 Mail Service Center
Raleigh, NC 27699

Subject: Onsite Determination for Applicability to the Mitigation Rules (15A NCAC 2H .0506) and Onsite
Determination for Applicability to the Jordan Buffer Rules (15A NCAC 02B .0267)

Proposed Project: Replace Bridge 112 on NC 87 (North Carolina Highway 87) over Reedy Fork in the Town of
Ossippee; Alamance County; STIP B-5728.

Dear Mr. Barrett:

On August 17, 2018, the North Carolina Department of Transportation, North Carolina Division of Water Resources
(NCDWR), Army Corps of Engineers (Corps) and Dewberry consultants conducted an onsite determination to review
drainage features described in Table 1 regarding applicability to mitigation and buffer requirements.

NCDWR acknowledges the areas and boundaries identified as jurisdictional wetlands by the USACE. The attache d
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
Reedy Fork
Creek SA Cape Fear CPF02 WS-V; NSW 16-11-(9) Subject Subject
UT to Reedy
Fork Creek SB Cape Fear CPF02 WS-V; NSW 16-11-(9) N/A* N/A*
UT to Reedy
Fork Creek SC Cape Fear CPF02 WS-V; NSW 16-11-(9) Subject Not Subject
UT to Reedy
Fork Creek SD Cape Fear CPF02 WS-V; NSW 16-11-(9) Not Subject Not Subject
*Feature SB is not within the project study area.

NCDWR has determined that the above feature identified as SA (Reedy Fork Creek) is perennial and is subject to
mitigation. Additionally, feature codes identified as SA and SC are subject to the Jordan Buffer Rules.

North Carolina Department of Environmental Quality  Division of Water Resources
512 North Salisbury Street  1617 Mail Service Center  Raleigh, North Carolina 27699-1617
919.707.9000

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 writ ing 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 throug h 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-providing 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 April Norton at 919 -707-9111 or
[e-mail].

Sincerely,

Attachments: Jurisdictional Features Map

Electronic copy only distribution:
David Bailey, US Army Corps of Engineers, Raleigh Field Office
Troy Shelton, Dewberry
File Copy

North Carolina Department of Environmental Quality  Division of Water Resources
512 North Salisbury Street  1617 Mail Service Center  Raleigh, North Carolina 27699-1617
919.707.9000

NCDWR Project No.: _______________ County: _______________________
Applicant: ________________________________________________________________________
Project Name: _____________________________________________________________________
Date of Issuance of 401 Water Quality Certification: _____________________________________
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequen t
modifications, the applicant is required to return this certificate to the 401 Transportation Permitting Unit, North Carolina Division
of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699-1617. This form may be returned to NCDWR by the applicant,
the applicant’s authorized agent, or the project engineer. It is not necessary to send certificates from all of these.

Applicant’s Certification
I, _____________________________________, hereby state that, to the best of my abilities, due care and diligence was used in
the observation of the construction such that the construction was observed to be built within substantial compliance and intent of
the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials.

Signature: ___________________________________________ Date: ___________________________

Agent’s Certification
I, _____________________________________, hereby state that, to the best of my abilities, due care and diligence was used in
the observation of the construction such that the construction was observed to be built within substantial compliance and intent of
the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials.

Signature: ___________________________________________ Date:___________________________

Engineer’s Certification
_______ Partial _______ Final
I, _______________________________________, as a duly registered Professional Engineer in the State of North Carolina,
having been authorized to observe (periodically, weekly, full time) the construction of the project for the Permittee hereby state
that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the const ruction
was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the
approved plans and specifications, and other supporting materials.
Signature __________________________________________________ Registration No. _____________
Date ________________________

S B SCS D
Reedy Fork Creek
Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community
!(
JURISDIC TIONAL FEATURES MAPReplace Bridge No.on
in
Figure3-A0500
Feet
Div:7 TIP #
Date:September 2018
Legend
Study Area
Stream
p
112 NC 87over Reedy Fork CreekAlamance CountyTIP Project B-5728
B-5728NORTH CAROLINA DEPARTMENTOF TRANSPORTATIONDIVISION OF HIGHWAYSENVIRONMENTAL ANALYSIS UNIT
9/19/2018