20071601 Ver 1_Information Letter_20080215

~~F W A TFRp Michael F. Easley, Governor
`O ~ William G. Ross Jr., Secretary
~ North Carolina Department of Environment and Natural Resources
~ -~
y=_~`-'2 ' Coleen H. Sullins, Director
p '"4~~1 ~ Division of Water Quality
February 15, 2008
Chad Coggins, Division Environmental Officer .
NCDOT Division 4
PO Box 3165
Wilson, NC 27893
Subject: SR 1770, Unnamed drainage feature in Stony Creek watershed, Rocky Mount, Nash County,
DWQ# 20071601
Determination for Applicability to the Tar-Pamlico Buffer Rules (15A NCAC 2B .0259)
Dear Mr. Coggins:
On February 15, 2008 DWQ received your request to confirm your stream call conducted at the referenced site for
applicability to the Tar-Pamlico Buffer Rules. The drainage feature is approximated on the attached soil survey map as
drainage feature site A. A DWQ stream form was submitted, with less than the required 19 points to qualify as subject to
the Buffer Rules.
The Division of Water Quality (DWQ) concurs with the referenced documents regarding the following
stream calls:
A: 7 points; Not subject to Tar-Pamlico Buffer Rules.
This letter only addresses the applicability to the Tar-Pamlico Buffer Rules and does not approve any activity within
Waters of the United States or Waters of the State. Any impacts to wetlands, streams and protected buffers must comply
with the Tar-Pamlco Buffer Rules, 404/401 regulations, water supply regulations (15A NCAC 2B .0216), and any other
required federal, state and local regulations. Also, this letter only addresses applicability to the Tar-Pamlico Buffer Rules
at the site specifically marked on the attached map and does not apply to reaches further downstream from the NCDOT
project area.
The owner (or future owners) or permittee should notify the DWQ (and other relevant agencies) of this decision 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 the DWQ or Delegated Local Authority that a
surface water exists and that it is subject to the buffer or 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, DWQ
Transportation Permitting Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650. Individuals that dispute a
determination by the DWQ or Delegated Local Authority that "exempts" a surface water from the buffer or mitigation
rules may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter.
N oe Carolina
~~llCR~~I,
North Carolina Division of Water Quality 2321 Crabtree Blvd, Suite 250 Phone [phone]
Internet: h2o.enr.state.nc.us Raleigh, NC 27604 FAX [phone]
An Equal OpportunitylAffirmative Action Employer- 50% Recycled110% Post Consumer Paper

Applicants are hereby notified that the 60-day statutory appeal time does not start until the affected party (including
downstream and adjacent landowners) is notified of this decision. DWQ recommends that the applicant conduct this
notification in order to be certain that third party appeals are made in a timely manner.
To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes to
the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. 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 Rob Ridings at 919-733-9817.
Sincerely,
,~,`
~, .
~~
Rob Ridings
DWQ Transportation Permitting Unit
Attachments: Map of drainage feature indicated
cc: DWQ Raleigh Regional Office copy
DWQ Wetlands 401 Transportation Unit file copy

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North Caroling Division of Water Quality Stream Identification Form. Version 3.1
Date: 2//y dr3
' ~1Kn'M/Rby)3y Latitude 3S `i71$
Evaluator. ~. ~
-
o ,vs ; v. ~ / b
T
~~ 5~+..stF p1 v< Iwngilnde: 77, $ ~ S 6
oW Points:
Stream !s ar least inltrmi![err!
i > 19 or nai
! t > 3 ~ J ( ether
C~~~
o`S
a
0
- ! "
h e.8. Quod Name: /1/~S ~, v.~
e
A. GetNrt Subtotal = 2. s
' Abseet Weak Moderate Strong
t
. Continuous bed and bank

Z. Sinuosi 0 1
2
3
3. [nchannel structtu•e: riffle- of uence 1 2 3
#. Soil tezeure or stream substrate tt,rt;nn ~ 1 2 3
6. itional bars or benches 0 2 3
7. Braided charmei 1 2 3
8. Recent alluvial osits _-- 1 2 3
9'. Natural kwees l 2 3
10. Headcuts -- - --- 1 2 _.. 3
11. Grade controls 1 2 3
32. Natural wall or drains 0.3 1 1
13. Second or _g 0 1 1•`
greater order channel on existin USGS or NRCS
or other documented evidence. o = 0 Yes = 3
'Man-made ditches are not rated; see discussions in manual
20~. Fibrous roots in channel .
2i .Rooted loots in channel 3 2 1

22. C fish 3 2 1 = p ";
23
Bivalves 0 OS ! 1.5
. ~ 1 2
24. Fish
3

25. Am ibians OS 1 1.5

26. Macrobenthos note diversi and abttndattce 0.5 1
1.5

27. Filamentous al i OS 1 l.q

28
Iron oxidizi
b
t
i
f 0 1 2 3
.
n
ac
er
a/
un 0 0
5

29 . Welland [ants in streambed
s I
20 .
1.5
FAC~.S FACW~.75 BL=13 AV=2.0 Other= 0
tems
and 21 focus on the a of land tams. Item 29 focuses on the once of vatic or wetland Isis.
Noies: (use pack offomt for additional notes) Sketch:
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('_ lRinir~. rc..t......~ s ? C

,, A,~., ~., Y;., t ,_
.~ ~.. w ~.. ~,
Blue line Stream
Site 1 from permit
Upstream View standing in the middle of stream segment
Downstream view standing in the middle of stream segment