20130918 Ver 2_Scoping Comments_20140910

Alipw
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
September 10, 2014
Mr. Jerry Parker
Division 7 Environmental Supervisor
1584 Yanceyville Street
Greensboro, NC 27415
(Electronic Copy Only)
Subject: NCDOT TIP U- 252513, Guilford County; NCDWR No. 20130918v2
UT to North Buffalo Creek, CPR02; 03- 06 -02; WS -V, NSW
John E. Skvarla, III
Secretary
On -Site Determination for Applicability to the Jordan Buffer Rules per 15A NCAC 2B .0267; On -Site Determination
for Applicability to the Mitigation Rules per 15A NCAC 2H .0506(h).
Dear Mr. Parker:
On September 9, 2014, at your request and in your attendance, Dave Wanucha with the NC Division of Water
Resources ( NCDWR) staff, conducted an on -site determination to review a drainage feature located near Sanctuary
Drive (lat 36.1419 lat - 79.7257) for applicability to the Jordan River Buffer Rules and for applicability to the
Mitigation Rules (15A NCAC 2H .0506(h)). The drainage feature is approximated in orange on the attached map.
Apparently, this segment of stream was overlooked during the jurisdictional determinations conducted during
October and December, 2012 and January, 2013.
NCDWR has determined that the stream feature described above on the attached map is not subject to the Jordan
Buffer Rules since it is part of the ongoing project that was exempted per .0267(6)(b)(iii). The feature is subject to
the Mitigation Rules as it was determined to be perennial (30.5 points on NCDWR's Stream Identification Form
v4.11). Please note that no other features at the site were evaluated by NCDWR. Also, this letter only addresses
applicability to the Jordan Buffer Rules and Mitigation Rules at the site as described.
This letter only addresses the applicability to the mitigation rules and the buffer rules and does not approve any
activity within the 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. Please be aware that even if no direct impacts are proposed to the protected
buffers, diffuse flow of all new sto"rmwater runoff as per 15A NCAC 2B .0267 is required.
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
Transportation and Permitting Unit
1617 Mail Service Center, Raleigh, North Carolina 27699 -1617
Location: 512 N Salisbury St Raleigh, North Carolina 27604
Phone [phone] FAX. 919 - 733 -1290
Internet: www,ncwaterguality.org
An Equal Opportunity 1 Affirmative Action Employer
NorthCarolina
Naturally

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:OOam and 5: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: (919)- 431 -3000, Facsimile: (919) -431 -3100
A copy of the petition must also be served on DENR as follows:
Mr. John Evans, 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
dave.wanucha @ncdenr.gov.
Sincerely,
c
Thomas A. Reeder, Director
Division of Water Resources
Attachments: Map
cc: Dave Bailey, US Army Corps of Engineers — Raleigh Regulatory Field Office (electronic copy only)
Nicole Thomson, NC DOT Division 7 Environmental Supervisor Assistant (electronic copy only)
Dave Wanucha, NCDWR Winston Salem Regional Office
NCDWR Wetlands 401 Transportation permitting Unit File Copy