20121016 Ver 1_General Correspondence_20120808

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North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, RE
Governor Director
August 8, 2012
Beth Reed
Kimley -Horn and Associates
PO Box 33068
Raleigh, NC 27636 -3068
Subject: NCDOT Division 7, Bridge replacements for Br. Nos. 187, 330, 338, 238, 263, 300
and 151 in Guilford County
Br. No. 187 -UT to Reedy Fork Creek [Cape Fear; WSV; NSW]
Br. No. 330 -Mears Fork Creek [Cape Fear; WSV; NSW]
Br. No. 338 -West Fork Deep River [Cape Fear; WSIV; 303d]
Br. No. 238 - Little Alamance Creek [Cape Fear; WSIV; NSW]
Br. No. 263- Beaver Creek [Cape Fear; WSIV; NSW]
Br. No. 300 -UT to South Prong Stinking Quarter Creek [Cape Fear; B; WSV;
NSW]
Br. No. 151 - Chocolate Creek [Cape Fear; WSV;NSW]
Dee Freeman
Secretary
On -Site Determination for Applicability to the Jordan and Randleman Buffer Rules (15A NCAC 2B .0267
and .0250), respectively
On -Site Determination for Applicability to the Mitigation Rules (15A NCAC 2H .0506(h)
Dear Ms. Reed:
On July 24, 2012, at your request and in your attendance, Amy Euliss, NC Division of Water Quality
(NCDWQ) staff along with Andy Williams (USACE) and Jerry Parker ( NCDOT Division 7), conducted
an on -site determination to review drainage features located at the above referenced NCDOT bridges in
Guilford County for applicability to the Jordan and Randleman Lake Buffer Rules and for applicability
to the mitigation rules (15A NCAC 2H .0506(h)). The drainage features are approximated on the attached
figures initialed and dated August 7, 2012.
Bridge No.
Feature
Feature Name
Site Visited
Stream (Intermittent/Perennial)
Buffered Basin
ID
(buffered
es /no/NA
187
UT to
UT to Reedy
No
Perennial
Jordan (yes)
Reedy
Fork Creek
Fork Creek
330
Mears
Mears Fork
No
Perennial
Jordan (yes)
Fork Creek
Creek
330
SB
UT to Mears
No
Intermittent
Jordan (no)
Fork Creek
JNo
330
WA
Wetland A
Wetland
Jordan (NA)
338
Deep River
Deep River
Yes
Perennial
Randleman
Transportation and Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699 -1617
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604
Phone: 919 - 807 -63001 FAX: [phone]
Internet www.ncwateraualitv.oro
An Equal Opportunity 1 Affirmative Acton Employer
Nona thCarohna
Naturallrf

Please note that no other features at the sites were evaluated. Also, this letter only addresses
applicability to the Neuse 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 and Randleman 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 are proposed to the protected buffers,
sheet flow of all new stormwater runoff as per 15A NCAC 2B .0267 and .250 is required.
The owner (or future owners) or permittee should notify NCDWQ (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 NCDWQ 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 Brian Wrenn, NCDWQ Wetlands /401 Unit, 1650 Mail 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
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 8:00am and
5:00pm, except for official state holidays. The original and one (1) copy of the petition must be filed with
the Office of Administrative Hearings.
(yes)
338
SB
UT to Deep
Yes
Intermittent
Randleman
River
(yes)
238
Little
Little
Yes
Perennial
Jordan (yes)
Alamance
Alamance
Creek
Creek
263
East
East Beaver
Yes
Perennial
Jordan (yes)
Beaver
Creek
Creek
263
WA
Wetland A
Yes
Wetland
Jordan (NA)
263
WB
Wetland B
Yes
Wetland
Jordan (NA)
263
WC
Wetland C
Yes
Wetland
Jordan (NA)
300
SPSQ
South Prong
Yes
Perennial
Jordan (yes)
Creek
Stinking
Quarter Creek
300
WA
Wetland A
Yes
Wetland
Jordan (NA)
151
Chocolate
Chocolate
Yes
Perennial
Jordan (yes)
Creek
Creek
151
SB
UT to
Yes
Part of the wetland, not a stream
Jordan (NA)
Chocolate
Creek
Please note that no other features at the sites were evaluated. Also, this letter only addresses
applicability to the Neuse 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 and Randleman 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 are proposed to the protected buffers,
sheet flow of all new stormwater runoff as per 15A NCAC 2B .0267 and .250 is required.
The owner (or future owners) or permittee should notify NCDWQ (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 NCDWQ 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 Brian Wrenn, NCDWQ Wetlands /401 Unit, 1650 Mail 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
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 8:00am and
5:00pm, except for official state holidays. The original and one (1) copy of the petition must be filed with
the Office of Administrative Hearings.

a
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. William Cary, 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 Amy Euliss at 336 -771-
4959 or amy.euliss @ncdenr.gov.
SiTerely,
1
Amy Euliss
Attachments: signed features maps
cc: Andy Williams, US Army Corps of Engineers — Raleigh Regulatory Field Office (electronic copy
only)
NCDWQ Wetlands 401 Transportation permitting Unit
File Copy

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