DWR's Comments R-5728

Environmental
Quality
October 23, 2017
Ms. Amy Euliss
Division 9 Environmental Off cer
NCDOT
375 Silas Creek Parkway
Winston Salem, NC 27127
Electronic correspondence
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. JAY ZIMMERMAN
Director
Subject: NCDOT TIP R-5768. Railroad crossing at US 311 and NC 65 in Stokes County, WBS
#44670.1.1; Drainage features within the Roanoke Basin; ROA01 (03-02-01).
Site Determination for Applicability to the Mitigation Rules (15A NCAC 2H .0506[h])
Dear Ms. Euliss:
Per your request dated September 27, 2017, NC Division of Water Resource (NCDWR) staff reviewed drainage
features within the above reference project area located in Stokes County near the intersection of US 311 and NC 65
for applicability to the mitigation rules (15A NCAC 2H .0506[h]). The drainage features are approximated on the
attached map initialed and dated October 23, 2017.
The stream features identified as SA and SB (UTs to Town Fork Creek; C; 22-25) and wetland features identified as
WA, B, C and D within the project area were deterniined to be subject to the Mitigation Rules. Please note that the
wetland and stream features were not reviewed on site by NCDWR but will be considered accurate as presented
unless determined otherwise. No other features at the site were evaluated. Also, this letter only addresses the
features specifically marked on the attached map and does not apply to other drainage features further downstream
from NCDOT's project area, or to any other drainage features in the vicinity.
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 and streams must comply with 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 NCDWR (and other relevant agencies) of this
determination in any future correspondences concerning this property and/or project. This 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 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, 1617 Mail Service Center, Raleigh, NC 27699-1617.
Individuals that dispute a determination by NCDWR 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 f le the petition with the off ce of Administrative Hearings within sixty (60)
days of receipt of this notice and the date the affected party (ulcluding 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:OOam and S:OOpm, except for official state holidays. The original and one (1) copy of the petition
must be f led with the Office of Administrative Hearings.
- �"Nathing Cc�mgares :—w.�
State of North Carolina � Environmental Quality
1617 Mail Service Center � Raleigh, North Cazolina 27699-1617

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 transmissio�.
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:
Mr. Sam M. Hayes, General Counsel
Deparhnent of Environrnental 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 infortnation, please call Dave Wanucha at 336-776-9703
or [e-mail].
Sincerely, , 1�� � ,
�-�.���,,,; �,
S. Jay Zimmerman, Directar �
Division of Water Resources
Attachment: Figure 3
Electronic copy only distribution:
James Lastinger, US Army Corps of Engineers, Raleigh Field Off ce
File Copy

Attachment