20180265 Ver 1_Mitigation Information_20171114

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November 14, 2017
Jason Dildav. Environmental Senior Consul[ant
NCDOT — Environmen[al Analysis Uni[
1�98 Mail Service Center
Raleigh, NC'_7699
ROY COOPER
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MICHAEL S. REGAN
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L I N DA CU LPEPPER
lrurrin� Uirrt'lor
Subject Onsite Ueterminalion for applicability to the Mitigation Rules per 1jA NCAC 2H
.0506�h�. NCDOT STIP G9600DA, Scutland County (Site A).
Dear Mr. Dildav:
On November 14, 2017, North Carolina Division of Water Resource (NCDWR), along with staff from Rummel
Klepper and Kahl (RK&K), and North Carolina Department of Transportation (NCDOT) conducted an on-site
detennination to review dreinaee feawres described in Table I for applicability to Rules penaining to Mitigation
requiremen[s. The drainaee features are approximated on the attached map.
Tablc 1. Descrip[ions of drainage fcatures.
Stream Feature Stream Stream Applicable Mi�iga[ion
Name Code Basin Subbasin Class. Index No. Buffer Rule Rule
Leith SA Lumber L6R�i C; Sw IA->3 NiA Yes
Creek
NCDWR has determined tha� the above feamre iden[ified as SA is perennial and is subject to Mitiga[ion Rules. Please
note tha[ no other features at [he site were evaluated. Also, this letter only addresses Ihe applicability to the miti�a[ion
rules and the buffer rules and does not approve an}' activih� within the buffzr, Waters of Ihe United States, or Wa[ers
of the State. Any impacts to we�lands and streams must comply with 404/401 regulations, water supply regulations
( I SA NCAC 2B .0216), and any other required federal, state and local regulations.
The owner (or future owners) or permittee should notify NCDW R(and other relevant agencies) of this determination
in any future correspondences conceming this property and/or projecl This on-site determination shall espire five (5)
years from the date ol this Iener.
Landowners or affected parties that dispu[z a de�emiination made by NCDWR or Delegated Local Authority that a
surface water exists and that it is sub,ject to the mitigation rules may request a detennination by the Director. A request
for a detem�ination by the Director shall be refzrred ro[he Direc[or in writing c/o Amy Chapman, NCDWR
Wedands/401 Unit, 1G17 Mail Service Cen[er, Raleigh, NC �7699-1617.
Individuals that dispu[e a de[ermination by NCDWR or Delegated Local Authorit}' that "exempts'� a surface wa[er
from the mitigation rules may ask for an adjudicarory hearing. You may obtain the petition form from the oftice of
Administrative hearings. You must tile the petition wi[h [he oflice of Administrative Hearings within sixty (60) days
of receipt of this notice and the date the atTected party (including downstream and adjacent landowners) is notified of
this decision. A petition is considered liled when it is received in the oftice of Adminisvative Hearings during normal
oRice hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of
8:OOam and S:OOpm, except for otTicial stace holidays. The original and one (1) copy of the petition must be filed with
Ihe ORice of Administrativz Hearines.
�'Nothing Compares -- .
Statz ol Nonh Carohna I Envvonmental Quality
1617 Mail Servicc Cen[er I Ralei_e,h, North Camlina 2 7699-1 61 7

The petition may be faxed-provided the original and one copy of the document is received by the Office of
Administrative Heazings within five (5) business days following the faxed transmission.
The mailing address for the Otiice 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 serveA on DEQ as follows:
Mr. Sam M. Hayes, General Counsel
Deparhnent of Environmental 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 requ've additional information, please call April Norton at 919-707-9111 or
Aoril.Norton�u ncdenr.gov.
Sincerely,
i�% �I/""'
Q,� Linda Culpepper, Interim Director
�" Division of Water Resources
Attachments: STIP C-5600BA Feahves Map
Electronic copy only distribution:
Pete Stafford, Project Manager, RK&K
Andrew Williams, US Army Corps of Engineers, Raleigh Field Office
Brad Smythe, NCDOT, Program Manager
Anamike Laad, NCDOT,
April Norton, NCDWR, Central Office
File Copy