Updated Surface Water Determination_U-5899

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
S. DANIEL SMITH
Director
Ms. Amy Euliss
NCDOT Division 9 PDEA Engineer
375 Silas Creek Parkway
Winston Salem, NC 27127-7167
Electronic correspondence
NORTH CAROLINA
Environmental Quality
January 11, 2022
Subject: NCDOT Project U-5899 in Forsyth County; NCDOT's request dated November 5, 2021, for surface water
determinations within the project area.
Determinations for Applicability to the Mitigation Rule (15A NCAC 2H .0506[h])
Dear Ms. Euliss:
NC Division of Water Resource (NCDWR) has reviewed the above referenced information and drainage features for
applicability to North Carolina's Mitigation Rules.
All sites (streams and wetlands) presented in the verification request update package as shown on the attached map
(Figure 3A) and reviewed by Andy Williams with US Army Corps of Engineer, yourself and staff from Ecosystem
Planning & Restoration (EPR) as part of a field assessment conducted on December 7, 2021, will be considered
accurate as presented. Table 1 below provides a description of features evaluated and determination made. Please
note that NCDWR staff did not attend field visits.
This letter only addresses the features specifically marked on the maps provided in your request and does not apply
to other drainage features further downstream from NCDOT's project area, or to any other drainage features in the
vicinity.
This letter only addresses the applicability to the Mitigation Rule 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 213 .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 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.
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DE ��� North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
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Table 1. Surface Water Determinations for NCDOT Project U-5899 - Yadkin Pee Dee Basin.
Stream
Subject to the
Feature Code
Determination
Stream Index No.
Classification
Mitigation Rule
SA
Perennial
C
12-94-7-3
Yes
SB
Intermittent
No
SC
Wetlands
Jurisdictional
--
--
Yes
WA, WB, WC, WD,
WE, WF, WG
Notes: Stream features are Grassy Creek and its tributaries.
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 that 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 Dave Wanucha at 336-776-9703
or [e-mail].
Sine usigned by: 1/11/2022
V"t, For :
S. DamAm1W, 51re°ctor
Division of Water Resources
Attachment: Map (Figure 3A)
Electronic copy only distribution:
Andrew Williams, US Army Corps of Engineers, Raleigh Field Office
Amy James, PWS, Environmental Scientist, EPR ([e-mail])
File Copy

djw, 01/11/22