20190061 Ver 1_DWR_U-4700_JD_20190409

ROY COOFER
Covernor
MICHAEL S. REGAN
Secretary
LINDA CULFEPPER
Director
Ms. Erin Cheely
Environmental Analysis Unit
NC Department of Transportation
1598 MSC
Raleigh, NC 27699-1598
NpRTH CAROLINA
Enviro�nmenta[ Quality
Apri19, 2019
Subject: Revised jurisdictional information, features and maps received on April 1, 2019 relarive to NCDOT TIP
Project U-4700, US 321 Widening in Caldwell, Catawba and Burke Counties; and, On-Site Determination for
Applicability to the Catawba River Riparian Buffer Rules 15A NCAC 2B.0243; and, On-Site Determination for
Applicability to the Mitigation Rules (15A NCAC 2H .0506[h]).
Dear Ms. Cheely:
On October l 5, 2018, at your request and in your attendance, Dave Wanucha, NC Division of Water Resource
(NCDWR) staff, along with the Army Corps of Engineers and your consultant conducted an on-site determination to
review drainage features located along US 321 (TIP U-4700 project area) for applicability to the Catawba River
Riparian Buffer Rules and for applicability to the Mitigation Rules (15A NCAC 2H .0506[h]).
The features reviewed on site are provided in Table 1 below. Please note that other sites identified in the jurisdiction
veriiication request package, including wetlands and open water, but not reviewed on site by NCDWR will be
considered accurate as presented. Also, this letter only addresses applicability to the Catawba Riparian Buffer Rules
and Mitigation Rules at the sites specifically marked on the maps and does not apply to reaches of the drainage
feature further downstream from the NCDOT project area, or to any other drainage features in the vicinity.
i an�e i. ura�na e ieatures reviewea on-s�te.
Feature Stream Subject to Subject to
Code Stream Classitication Index No. Determination Mitigation Buffer Rule
SBB Intermittent No
SCC UT to C l l-55-(0.5)
SDD Gunpowder
SEE Creek Perennial Yes
SJ WS-IV; CA 11-55(4)
SS UT to Little Intermittent No No
SY Gunpowder WS-IV 1 l-55-2-(2)
ST Creek
SC Perennial Yes
SE UT to Catawba
SVV River WS-IV; B; CA 11-(51) Intermittent No
Catawba River Mainstem Perennial Yes Yes
D���� North Carolina Department of Environmental Quality I Divisian of Water Resources
512 North Salisbury Street I 1650 Mail Service Cenier I Raleigh, l*�orth Carolina 27699-1b50
NfjRTH CAROLINA ^
o.�ro�mor�n���ma�.u� /� 914.707.9000
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This letter only addresses the applicability to the mitigation rules and riparian 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, streams and
buffers must comply with the Catawba River Riparian Buffer Rules, 404/401 regulations, water supply regulations
(15A NCAC 2B .0216), and any other required federal, state and local regulations. Please be aware that even if no
direct impacts are proposed to the protected buffers, diffuse flow of all new stormwater runoff as per 15A NCAC
2B.0243 is required.
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 on-site 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 file the perition with the office of Administrarive Hearings within sixty (60)
days of receipt of this norice and the date the affected party (including 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 filed with the Office of Administrative Hearings.
The petition may be faxed, providing the original and one copy of the document is received by the Office of
Administrative Hearings within five (5) business days following the faxed transmission.
The mailing address for the Office of Administrative Hearings is:
Office of Administrarive 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
Department 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 require additional information, please call Dave Wanucha at 336-776-9703
or [e-mail].
Sincerely, 4/9/2019
DocuSigned by:
�� �� fo r :
89736FD146FE4AD...
Linda Culpepper, Interim Director
Division of Water Resources
Attachments: none
Electronic copy only distribution:
Steve Kichefsky, US Army Corps of Engineers, Asheville Field Office
File Copy