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Home My WebLink About20121107 Ver 1_Reid to North Kannapolis-Stream Call letter_20101025October 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; Dee Freeman Secretary 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 Si 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 North Carolina Division of Water Quality, Winston -Salem Regional Office Location: 585 Waughtown St. Winston - Salem, North Carolina 27107 Phone: 336 - 771 -5000 \ FAX 336 - 771 -4630 \ Customer Service: 1- 877 - 623 -6748 Internet: www.ncwaterquality.org An Equal Opportunity \ Affirmative Action Employer • . • 115MM 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 Riparian 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 Riparian 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 parry 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 amy.euliss@ncdenr.gov. 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