20121107 Ver 1_Reid to North Kannapolis-Stream Call letter_20140827

October 25, 2010

Sandy Smith
Axiom Environmental
20 Enterprise Street, Suite 7
Raleigh, NC 27607

Subject: NCDOT Rail Project; Reed to North Kannapolis, Rowan County
Unnamed Tributaries
to Town Creek [Yadkin; Subbasin No. 03-07-04; Stream Index No. 12-115-3; Class C; 303D]
Unnamed Tributaries to Grant Creek [Yadkin; Subbasin No.03-07-04; Stream Index No. 12-110; Class
C]
Unnamed Tributaries to Cold Water Creek [Yadkin; Subbasin No.03-07-12; Stream Index No. 13-17-9-4-(0.5); Class C]
Unnamed Tributary to Irish Buffalo Creek [Yadkin; Subbasin No.03-07-12;
Stream Index No. 13-17-9-(2); Class C; 303d]

On-Site Determination for Applicability to the Mitigation Rules (15A NCAC 2H .0506(h)

Dear Mr. Smith;

On September 30, 2010, at your request
and in your attendance, Amy Euliss, NC Division of Water Quality (NCDWQ) staff along John Thomas, USACE, conducted an on-site determination to review drainage features located along
the Reed to North Kannapolis Rail line in Rowan County for applicability to the mitigation rules (15A NCAC 2H .0506(h)). The drainage features are listed in tables 1 and 2 below, and
approximated on the attached maps initialed and dated October 25, 2010.

Table 1: Stream features in Reed to North Kannapolis study area, Rowan County.
Feature ID
Stream Name
Site
Visited
Stream Type (Intermittent/Perennial)
Wetland Type (Isolated/riparian/non-riparian)

SA
UT to Town Creek
No
Intermittent

SB
UT to Town Creek
No
Perennial

SC
UT
to Town Creek
No
Intermittent

SD
UT to Grant’s Creek
No
Intermittent

SE
UT to Grant’s Creek
No
Intermittent

SF
UT to Town Creek
Yes
Intermittent

SG
UT to Town
Creek
Yes
Intermittent

SH
UT to Town Creek
Yes
Intermittent

SI
UT to Town Creek
Yes
Intermittent

SJ
UT to Grant’s Creek
No
Intermittent upstream culvert/ Perennial
downstream culvert

SK
UT to Grant’s Creek
No
Intermittent

SL
UT to Town Creek
No
Intermittent


SM
UT to Town Creek
No
Intermittent

SN
UT to Cold Water Creek
No
Intermittent

SO
UT to Cold Water Creek
No
Intermittent

SP
UT to Cold Water Creek
Yes
Intermittent

SQ
UT
to Cold Water Creek
No
Perennial

SR
UT to Cold Water Creek
Yes
Intermittent

SS
UT to Irish Buffalo Creek
No
Intermittent

ST
UT to Cold Water Creek
No
Intermittent


Table
2: Wetland features in Reed to North Kannapolis study area, Rowan County.
Feature ID
Site Visited
Wetland Type (Isolated/riparian/non-riparian)

WA
No
Riparian

WB
No
Riparian

WC
No
R
iparian

WD
No
Riparian

WE
No
Riparian

WF
No
Riparian

WG
No
Riparian

WH
No
Riparian

WI
No
Riparian

WJ
No
Riparian

WK
No
Riparian

WL
No
Riparian

WM
No

Riparian

WN
No
Isolated/ Non-riverine

WO
No
Isolated/ Non-riverine

WP
Yes
Isolated/ Non-riverine

WQ
No
Isolated/ Non-riverine

WR
No
Isolated/ Non-riverine

WS
Yes
Riparia
n

WT
Yes
Riparian

WU
No
Riparian

WV
No
Riparian

WW
No
Riparian

WX
No
Riparian


Please note that other sites identified in the jurisdiction verification request
package but not reviewed on site by NCDWQ will be considered accurate as presented.

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 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 NCDWQ (and other
relevant agencies) of this
decision 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 Brian Wrenn, 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 must act within 60 days of the date that you receive this letter. Applicants are hereby
notified that the 60-day statutory appeal time does not start until the affected party (including downstream and adjacent landowners) is notified of this decision. NCDWQ recommends
that the applicant conduct this notification in order to be certain that third party appeals are made in a timely manner. To ask for a hearing, send a written petition, which conforms
to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. 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 at [e-mail].

Sincerely,

Amy Euliss
Environmental Specialist

Attachments: Signed location map

cc: Marc Hamel, NCDOT-Rail Division, 1553 Mail Service Center,
Raleigh, NC 27699-1553
John Thomas, US Army Corps of Engineers –Raleigh Regulatory Field Office
NCDWQ Wetlands 401 Transportation permitting Unit
File Copy