20130918 All Versions_Application_20140314

Pat McCrory
Governor
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NCDENR
North Carolina Department of Environment antl Natural Resources
Division of Water Resources
Water Quality Programs
Thomas A. Reeder John E. Skvarla, III
Director Secretary
March 14, 2014
Mr. Greg Price
NCDOT PDEA-Nataral Environment Section
1598 Mail Service Center
Raleigh, NC 27699-1598
Subject: Jurisdictional Re-Determination Request dated December 18, 2013
NCDOT TIP U 2525C Greensboro Eastem Loop Guilford County
Deaz Mr. Price:
On February 6, 2014, you along with other NCDOT staff; David Bailey and Andrew Williams with the
US Army Corps of Engineers (USACE); and, Dave Wanucha and Sue Homewood with the NC Division
of Water Resources (NCDWR) conducted on-site determinations to review drainage features located in
the above reference project area for applicability to the Mitigation Rule (15A NCAC 2H .0506(h)) and the
Jordan Lake Buffer Rules (15A NCAC 02B .0262, et al.).
Tables 1 and 2 below provide descriptions ofstreams, wetlands and ponds where jurisdictional
determinations were made or revised. Revised jurisdictional maps and forms corresponding to Tables 1
and 2 were provided to you via email from Phil May with Carolina Ecosystems on February 21, 2014.
The revised maps are located at the following link:
https://dl.dropboxusercontent.com/u/40125947/U2525C Wetland Stream Comparison 021014.�df
Please note that several sites, as noted in Tables 1 and 2, were not reviewed on site by NCDWR but will
be considered accurate as presented in the request package. This letter only addresses applicability of the
Rules for the sites specifically identified in Tables 1 and 2 and does not apply to drainage features further
downstream from the NCDOT project area, or to any other dtainage features in the vicinity.
As stated in Condition 3c of your existing 401 Water Quality Certification (No. 003978) issued February
6, 2014, the project is exempt from Jordan Lake rules per 15A NCAC 02B. 0262, et al.
Transporlation and Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-165D
Loca4on: 512 N. Salisbury St. Raleigh, Nor[h Carolina 27604
Phone:[phone]�FAX:[phone]
Internet: www.ncwatemualiN.om �
An Equal Opportunity 1AftirmativeAc�ion Employer
NorthCarolina
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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 Jordan Lake Buffer Rules, 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, 1650 Mail Service Center, Raleigh,
NC 27699-1650.
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 Heazings during normal office hours. The Office
of Administrative Hearings accepts filings Monday through Friday between the hours of 8:OOam and
S:OOpm, 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: (919)-431-3100
A copy of the petition must also be served on DENR as follows:
Mr. Lacy Presnell, General Counsel
Department of Environment and Natural Resources
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-
771-4951 or [e-mail].
Sincerely,
������
David Wanucha
cc: David Bailey, USACE — Raleigh Regulatory Field Office (electronic copy only)
NCDWR Transportation Permitting Unit (file copy)
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