20120756 Ver 0_Scoping Comments_20090605

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June 5, 2009
Elizabeth Scheirer
" PBS&J..
110 Haynes Street, Suite 101
Raleigh, NC 27604
Subject:. NCDOT TIP #B-4757, Guilford County
Buffalo Creek [Cape Fear, 03-06-02,C:NSW]
On-Site Determination for Applicability to the Mitigation Rules (15A NCAC 2H.0506(h)
Dear Ms. Schercer:
On May 15, 2009, at your request and in the attendance of Matt Thomas, Justin-Wright, and Jeff Siceloff,
(PBS&J), James Pflaum (NCDOT-PDEA), Andy Williams (USACE), and Amy Euliss (NC Division of
Water Quality-NCDWQ) staff, conducted an on-site determination to review drainage features located
along SR 2128 (Bunch Road) in Guilford county for applicability to the for applicability to the
mitigation rules (15A NCAC 2H.0506(h)). The drainage features are approximated on the attached map
I' initialed and,dated June 5, 2009.. All sites were visited.
Feature
ID Stream/ Wetland Name Site
Visited Stream/Wetland Type Buffers
SA Buffalo Creek Yes Perennial NA
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 and streams must comply with the 404/401 regulations, water supply regulations (15A NCAC t, .
2B .0216), and any other required federal, state and local regulations.
' The owner (or future owners) or permittee should notify NCDWQ (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 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 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. NCDWQ 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
Transportation Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone]
Internet: http:M2o.encstale.nc.ustncwetlandsl
An Equal Opportunity 1 Affirmative Action Employer
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cc: Andy Williams, US Army Corps of Engineers - Raleigh Regulatory Field Office
James Pflaum, NCDOT PDEA-NEU
NCDWQ Wetlands 401 Transportation permitting Unit
File Copy

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