U-4734 Stream_Buffer Call

Water Resources
ENVIRONMENTAL OUALITT
PAT MCCRORY
c��e�,o.
DONALD R. VAN DER VAART
se�.e�o.�
S. JAY ZIMMERMAN
DlrecJof
Febmary 12, 2016
Mr. Brett Abemathy, P.E. PLS
NCDOT Division 9 Project Manager
375 Silas Creek Parkway
Winston Salem, NC27127
Subject: On-Site Determination for applicability to the Jordan Lake Buffer Rales per 15A
NCAC 2B. 0267 and the Mitigation Rules per 15A NCAC 2H .0506�h�. TIP U-4734
Macey Grove Road Extension, Forsyth County
Dear Mr. Abernathy:
On Febmary 9, 2016, NC Division of Water Resource (NCDWR) along with staff from US Army Corps of
Engineers (ACE) and Three Oaks Engineering coodacted an on-site determination to review drainage features
(described in Table 1 below) for applicabiliry to Rules pertaining to Jordan Lake Buffers and Mitigation
requirements. The drainage features are approximated on the attached maps initialed and dated February I I, 2016.
� es.
a e �
. escr�t�ous o ramage eatur
Stream Feature Stream 1 Stream Applicable 1 Mitigation
Name Code Basin I Subbasin Class. � Index No. I Buffer Rule �� Rule
Reedy � Reedy WS-III;
Cape Fear CPF02
Creek Creek NSW
- - --
UT to WS III;
Reedy SC Cape Fear CPF02 NSW
I_ Creek : - -- --
IEast I
Belews SA � Roanoke ROA01 C
Creek � i
Pond Pond LCapeFear CPF02__f N/A
'Please note [hat intertnittent streams are no[ subject to midgation per HB 765. Sessio
16,�,�-� � Jordan Lake � Yes
16-I1-1- � �ordan La1ce
� 22 2�7-8_
�t� None
N/A i None _
n Law 2015-286. Section 4.18.
Yes
Yes*
• NCDWR has determined that Reedy Creek, and OT to Reedy Creek "SC" are perennial a�d are subject to
the Jordan Lake WaYershed Buffer Rules. Please note that no other features at Yhe site were evaluated.
Also, this letter only addresses applicabiliry Co the Jordan Lake Watershed Buffer Rules at the site
specifically marked on the attached map and does �ot appty to reaches of the channel further dow�stream
from the NCDOT project azea, or to any other drainage features in the vicinity. The feature is also subject
to Mitigation Rules.
• NCD W R has determined that the stream features labeled as "SA" is intermittent at the outlet of the cubert
and ephemeral a[ the inlet. Please note that no othec fea[ures at the site were evaluated. The feature is not
subject to BufFer Rules, but is subject to Mitigation Rules if impacts are incurred.
• NCDWR has determined that the Pond feature is a man-made pond and not fed by an intermittent or
perennial sheam and does not discharge to an intermittent or perennial stream. The feature is not subject Co
Buffer or Mitigation Rules.
This letter only addresses the applicability ro 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
State of North Carolina !Emironmen[al Quality I Wa[cr ftesowces
1617 Mail Service Center, Raleigh, North Carolina 2 7699-061 7

buffers must comply with Jordan Lake Watershed Buffer Rules, 404/401 regulations, wa[er supply regulations (15A
NCAC 2B A216), and any other required federal, state a�d Iocal regulations. Please be aware that even if no direct
impacts are proposed to the protected buffers, sheet flow of all new stormwater runoff as per I SA NCAC 2B. 0267
is required.
The owner (or future owners) or permittee should notify NCDWR (and other relevant agencies) of this
determination in a�y 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 exisCs and that it is subject to the mitigation rules may request a determi�ation 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, 1617 Mail Service Center, Raleigh, NC 27699-16 ] 7.
Individuals that dispu[e a determination by NCD W R 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 mast file the petition with the office of Administrative Hearings wiChin sixty (60)
days of receipt of this notice and the date the affected parry (i�cl�ding downstream and adjacenY landowners) is
notified of this decision. A petition is considered filed when it is received in the office of Admi�istrative Hearings
during normal offtce hours. The Office of Administrative Hearings accepts filings Monday through Friday between
the hours of S:OOam and S:OOpm, except for official state holidays. The original and o�e (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: [phone]
A copy of the petition must also be served on DEQ as follows:
Mc Sam M. Hayes, General Counsel
Department of EnvironmenCal Quality
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 336-776-9703 or
Dave. [e-mail].
Sincerely,
�. ��_�,�_._._ �; � :
S. lay Zimmerman, Director
Division of Water Resources
Attachments: Figure 3
Electronic copy only distribution:
Chris Sheats, Three Oaks Engineering/The Cateoa Group [e-mail]
John Thomas, US Army Corps of Engineers, Raleigh Field Office
File Copy

For
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U-4734
Jurisdictional Features Map
Forsyth County, North Carolina
oa�e: February 2016
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' "°` 6220
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Figure
3
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