20151218 Ver 1_15 Stream Call letter P4405IJK_20151123

Pat McCrory
Governor
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NCDENR
North Carolina Department of Environment and Natural Resources
Division of WatecQuality
Charles Wakild, P. E. John E. Skvarla,911
Director Secretary
Apri13, 2013
John Roberts, LSS
The Catena Group, Inc.
410-B Millstone Drive
Hillsborough, NC 27278
Subject: NCDOTP4405LTK. Rail Elimination of Private Railroad Crossings Gordon
Thomas Drive (No: 735 1999�, Greenbriar Dr. (N: 726 305F) and Byrdsville Rd.
(No: 735 189T) in Orange County
Rhodes Creek and UTs [Neuse, Stream Index Number 27-2-13-(2), WSI;NSW]
Stoney Creek and UTs [Neuse, Stream Index Number 27-2-13-(2), Class
C;NSW]
On-SiteDetermination for Applicability to the Neuse Buffer Rules (15A NCAC 2B .0233)
On-Site Determination for Applicability to the Mitigation Rules (15A NCAC 2H .0506(h)
Dear Mr. Roberts
On Mazch 19, 2013, the NC Division of Water Quality (NCDWQ) staff received a request for stream calls
associated with the above reference project. Priar to receiving the information, you conducted a
jurisdictional determination meeting with Andy Williams with the US Army Corps of Engineers.
Because the site had already been reviewed by the Corps, we opted not to schedule an addifional site visit.
After coordinating with the Corps, a file review was conducted to review drainage features located in the
project study areas for applicability to the Neuse River buffer Rules and for applicability to the mitigarion
rules (15A NCAC 2H .0506(h)): The drainage features are approximated on the attached map initialed
and dated April 3, 2013. Please note there were no jurisdicrional features present in the P4405I project
area.
Table 1: Jurisdictional features for P4405LTK
Project ID Feature ID Stream/ Wetland Site Stream/Wetland Buffered
Name Visited T e es/No
P4405J SA UT to Rhodes Creek No Perennial Yes
P4405J SB UT to Rhodes Creek No Intermittent No
P4405J SC UT to Rhodes Creek No Intermittent No
P4405K SB UT to Stone Creek No Perennial No
P4405K Stoney Creek* Stoney Creek No Perennial Yes
*Just outside study azea, may have direct buffer impact. Diffuse flow required to this stream.
TranspoAation antl Permitting Unil � �
1650 Mail Service Center; Raleigh, Nodh Carolina 27699-1617 �
� location: 512 N. Salisbury St. Raleigti, North Carolina 27604 � �
. Phone: 919A07-63001 FAX: 919�07-6492 � �
� �� � InterneCwww.ncwateraualiN:om�� � �
.AnEqualOpportunitylAffirmativeAc�ionEmployef � �
NonrthCarolina
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Please note thafno other features at the site were evaluated or please note that other sites idenrified in the
jurisdiction verificafion request package but not reviewed on site by NCDWQ will be considered accurate
as presented. Also, this letter only addresses applicability to the Neuse Buffer Rules at the site
specifically marked on the attached map and does notapply to reaches of the channel [or
drainage feature] further downstream from the NCDOT project area; or to any other drainage
features in the vicinity.
This letter only addresses the applicability to the mifigation rules and the buffer rules and does nof
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 Neuse Buffer Rules, 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 aze proposed to the protected buffers, sheet flow of all new
stormwater runoffas per 15A NCAC 2B .0233 is required.
The owner (or future owners) or permittee should notify NCDWQ (and other relevant agencies) of this
determinarion in any future correspondences conceming 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 deternrination made by NCDWQ or Delegated Local'
Authority that a surface water exists and that it is subject to the mifigafion rules may request a
deternunation by theDirector. A request for a detemunation by the Director shall be refened to the
Director in writing c/o Amy Chapman, NCDWQ Wetlands/401 Unit,1650 Mai1 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 may obtain the petition
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 norice 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 acceptsfilings 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 Administrafive Hearings within five (5) business days following the fased transmission.
The mailing address for the Office of Administrative Hearings isc
Dffice of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone: [phone], Facsimile: (919)-431-3100
A copyof the perition must also be served on DENR as follows:
Mr. Lacy Presnell, General Counse]
Deparhnent of Environmentand 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 addifional information please call me at 336-771-4959 or
amy. euliss@ncdenr. gov.

I
ISin rely,
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� Environmental Specialist
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; Attachments signed location maps
; cci Andy Williams, US Army Corps of Engineers — Raleigh Regulatory Field Office (electronic copy
only)
Transportation permitting Unit (electronic copy only)
File Copy