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Home My WebLink About20110059 Ver _Information Letter_20071205, F W ATF Michael F. Easley, Governor ~ Q ~~ Q G William G. Ross Jr., Secretary ~ Cq ~ North Carolina Department of Environment and Natural Resources ~ ~ p ,~ Coleen H. Sullins, Director Division of Water Quality December 5, 2007 James Pflaum NCDOT -Natural Environment Unit 1598 Mail Service Center Raleigh, North Carolina, 27699-1598 Subject: NCDOT TIP# B-4694 ~ ~ ~~ " ~ `' Davidson County Reedy Creek [03-07-04, 12-96-(0.7), WS-IV] NCDOT TIP# B-4741 ~-~~ ~ ~i~= Davidson County Muddy Creek [03-07-04, 12-94-(0.5), C] On-Site Determination for Applicability to the Mitigation Rules (15A NCAC 2H .0506(h) Dear Mr. Pfaum: On December 5, 2007, at your request and in your attendance and with John Thomas of the US Army Corps of Engineers, Sue Homewood Division of Water Quality (DWQ) staff conducted an on-site determination to review drainage features located adjacent to the proposed new interchanges for the above referenced project for applicability to the mitigation rules (15A NCAC 2H .0506(h)). The drainage features are approximated on the attached maps initialed and dated December 5, 2007. Within the project corridor for TIP# B-4694, the Division of Water Quality (DWQ) has determined that Reedy Creek and the stream identified as UT1 are perennial stream channels and therefore subject to the mitigation rules. The stream features identified as UT2 and UT3 were rated as ephemeral channels by DWQ and therefore not subject to the mitigation rules. Please note that the USACE rated these channels as jurisdictional features not subject to mitigation. The DWQ also acknowledges that the USACE determined wetlands A, B, and C to be jurisdictional wetlands. Within the project corridor for TIP# B-4741, the Division of Water Quality (DWQ) has determined Muddy Creek to be a perennial stream and therefore subject to the mitigation rules. The feature identified as UTl was rated as an intermittent channel by DWQ and as a jurisdictional stream by the USACE. North Carolina Division of Water Quality 585 Waughtown Street Internet: h2o.encstate.nc.us Vl'inston-Salem, NC 27107 Noe Carolina ~tcrrally Phone (336) 771-4600 Customer Service FAX (336) 771-4630 1-877-623-6748 An Equal Opportunity/Affirmative Action Employer - 50% Recycledi10% Post Consumer Paper James Pflaum December 5, 2007 Page 2 This letter only addresses the applicability to the mitigation rules and does not approve any activity within Waters of the United States, or Waters of the State. Any impacts to wetlands, streams must comply with the 404/401 regulations, water supply regulations (15A NCAC 2B .0216), and any other required federal, state and local regulations. 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 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 John Hennessy, DWQ Wetlands/401 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 mitigation rules may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. 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 Sue Homewood at 336-771- 4964 or at sue.homewood@ncmail.net. Sincerely, ~~~~ Steve Tedder Attachments cc: John Thomas, US Army Corps of Engineers -Raleigh Regulatory Field Office DWQ WSRO File Copy DWQ Wetlands 401 Transportation Unit B-4741 and B-4694 Vicinity Map b ~~~ 0 Ji _~ U z h~ ~~ J N ~t Forsythe County "~~ ;' Davidson County ~- r ~. ~- B-4741 m ~ v ~P Q ~ W ~ Speedy Lohr's BBQ Arcadia Ha ton d Old Mill Rd N h -4694 0 2,0004,000 8,000 12,000 16,000 Feet ~ - C ~ ' ; ., -- , 193 ~ ~ ; ~ ~ ~' ~ Y(~~ }" ~ s ~~~. ~ ~ of ~ - } ~' r - - --: / ~ - _ :' , _ ~ , i ~ if ~. _.. •~ ~ ~ ~ ~ ay v i~ ~ ._ 'r ~'` +'• ...~ ~. ~! . S ~ti \ / ~~ +~ + i ., r li ., 1 + t / 1 r ~~ .~ . ~ r ~ f ~ ~j Copyright (C) 1998, Magtech, Inc Copyright (C) 1998, Maptech, Inc.