20141200 Ver 1_Mitigation Information_20131010

Pat McCrory
Governor
�,F.��
NC ENR
North Carolina Departmenf of Environment and Natural Resources
Division of WaterResources
Water Quality Programs
ThomasA. Reeder John E. Skvarla, III
Director Secretary
October 10; 2013
Erin Cheely
NCDOT PDEA NES
1598 Mail Service Center
Raleigh, NC 27699-1598
Subject: NCDOT NC 268 Widening (TIP # R-2603), Wilkes County
Mulbery Creek and Unnamed tributaries [Yadkin,12-42, Class C]
Long Creek and Unnamed tributaries [Yadkin, 12-42-9, Class C]
On-Site Deternunation for Applicability to the Mitigation Rules (1$A NCAC 2H .0506(h))
Dear Ms. Cheely:
On August 8, 2013, at your request and in yourattendance, Amy Euliss; NC Division of Water Resources
(NCDWR) staff, conducted an on-site deternunarion to review additional drainage feahues located in the
project study area for R-2603 in Wilkes County for applicability to the mitigation rules (15A NCAC 2H
.0506(h)). The origina] JD was conducted in 2008, and a second JD site visit was conducted in 2010.
The drainage feahxres visited in 2008, 2010, and 2013 are approximated on the attached map inirialed and
dated October 1Q 2013. Addifionally a memo from NCDOT entitled "R-2603 Reverification meeting
held August 8, 2013" is attached detailing the streams and wetlands in the project study area.
Please note that no other features at the site were evaluated. Also, this letter only addresses
applicability to the Mitigation Rules at the site specifically marked on the attached map and does
not apply to reaches ofthe channel [or drainage feature] further downstream from the NCDOT
project area; or to any other drainage features in the vicnuty.
Thisletter only addresses the applicability to the mirigarion 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 regulafions, water supply regulations
(15A NCAC 2B A216); 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 conespondences concerning this property and/or project. This on-site
deternunation shall expire five (5) yeazs 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 mitigafion rules may request a
deternunation by the Director. Arequest for a deterxninarion by the Director shall bereferred to the
Transportation and Permitting Unit � � � � � � � � � � � . � � . . . . � �ne .
� 1650 Maif Service Center Raleigh, Notlh Carolina 27699-1650 �� � � � � � � � � . � � NO1rtI1CaI'Olilla.
Location: 512 N. Salisbury St. Raleigh, Nodh Carolina 27604 � � �. . �7►'���N� //�
. Phone: [phone] FAX: 919�-807-6492 � � � � � � � (/ �i � ��
� Intemet: www.ncwatemualiN.om � � � .. . . � � � . � � .
AnEqualOpportunilylAffirma�iveActionEmployer . � . . � � � � � � ��

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 mayask for an adjudicatory hearing. You may obtain thepetition
form from the office of Administrative hearings: You must file the petition with the office of
Administrarive Hearings within sixty (60) days of receipt of this notice and the date the affected party
(including downslream and adjacent landowners) is notified of this decision. A petition is considered
filed when it is received in the office of AdministrativeHearings during normal office hours. The Office
of Adminislrarive Hearings accepts filings Monday through Friday between the hours of 8:OOam and
Sc00pm, except far 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 fased-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 perition must also be served on DENR as follows:
Mr. Lacy Presnell, General Counsel
Departinent of Environmentand NaturaIResources
1601 Mail Service Center
This deternunation is final and binding unless you ask for a hearing within 60 days. '
If you have any addirional questions or require additional information please call Amy Chapman at 919-
807-6365 or [e-mail].
Sincer�
Amy Euliss
Attachments: Memo and signed location maps (addressee only)
cc: Andy Williams, US Army Corps of Engineers — Raleigh Regulatory Field Office (electronic copy
only)
NCDWR Winston Salem Regional Office
NCDWR Wetlands 401 Transportafion pernutting UnitFile Copy