20160502 Ver 1_DOT Bridge 40 - Bishop Rd stream call letter_20160517

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North Carolina Department of Environment and Natural Resources
Division of Water Resources
Water Quality Programs
Pat McCrory Thomas A. Reeder
Governor Director
January 2, 2014
Robert Lepsic
Arcadis
801 Corporate Center Dr, Suite 300
Raleigh NC 27607
Subject: NCDOT BD-17BP.7.R.81, Bridge No. 40 on SR1116, Guilford County
Hickory Creek [Cape Fear Basin, CPF03, 17-8.5-(1), WS-IV*]
John E. Skvarla, III
Secretary
On-Site Determination for Applicability to the, Jordan, Buffer Rules (15A NCAC 2B .0267)
On-Site Determination for Applicability to the Mitigation Rules (15A NCAC 2H .0506(h))
Dear Mr. Lepsic,
On December 17, 2013, at your request and in your attendance, Sue Homewood NC Division of Water
Resource (NCDWR) staff, conducted an on-site determination to review drainage features located in the
vicinity of Bridge #40 on SR1116 in Guilford County for applicability to the Jordan River buffer Rules
and for applicability to the mitigation rules (15A NCAC 2H .0506(h)). The drainage features are
approximated on the attached map initialed and dated January 2, 2014.
NCDWR has determined that the stream feature labeled as "sa" on the attached map is perennial within
the project area and the stream feature labeled as "sb" on the attached map is intermittent within the
project area. Please note that no other features at the site were evaluated or please note that other sites
identified in the jurisdiction verification request package but not reviewed on site by NCDWR will be
considered accurate as presented. Also, this letter only addresses applicabiliry to the Jordan Buffer Rules
at the site specifically marked on the attached map and does not apply 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 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 Jordan 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 iinpacts are proposed to the protected buffers, sheet flow of all new
stormwater 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.
Transportation and Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone]
Internet: www.ncwaterqualitv.orq
An Equal Opportunity 1 Affirmative Action Employer
NorthCarolina
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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 far an adjudicatory hearing. You may obtain the petition
form from the office of 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 notiiied 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
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 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 petition must also be served on DENR as follows:
Mr. Lacy Presnell, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
This determination is �nal and binding unless you ask for a hearing within 60 days.
If you have any additional questions or require additional information please call Sue Homewood at 336-
771-4964 or [e-mail].
Sincerely,
Sue Homewood
DWR Winston-Salem Regional Office
Attachments: Topo Map
Arcadis provided stream/wetland map
cc: Eric Alsmeyer US Army Corps of Engineers — Raleigh Regulatory Field Office (e-copy only)
WSRO NCDWR Regional Office
NCDWR Wetlands 401 Transportation permitting Unit File Copy