20190506 Ver 1_B-5349 DWR Stream Call letter_20190418

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NCDENR _
On-Site.Determination for AppIicability ta the Jordan Lake Riparian Buffer Rules (15A.NCAC 2B.02G7}.
On-Site Detez7nnination for Applicability to the Miti�ation &ules (15A NCAC 2H .0506(h))
Dear Mr. Dilday:
On June S, 2013, at your request and in your atter�dance, Amy Euliss,. NC Division af Water Quality
(NCDWQ} staff, conducted an on-site de#ertnination to review drainage features located in the project
study area far applicability to the Jordari Lake River Buffer Rules and for applica�ility fo the mitigation
rules (15A NCAC 2H .0506(h}}: The drainage features are approxiinated on Y.�ie attached map initialed
and dafed June 24, 2013:
Stream Id Stream Name Stream Type Buffered Mitigable
eslNo eslNo
SA Back Creek Perennial Yes Yes
SB UT to Back Perennial Yes Yes
Creelc
SG UT to Back Intermittent No Yes
Creek
Narth Caroiina Departmenf �f Environment ar�d Natural Resources
Division of Water Quality
Pat McCrory Thamas A. Reeder John E, Skvarla; III
Governor Acfing Directar � Secretary
rune 24, 2013
Jason Dilday
NCDOT PDEA NES
1598 Mai1 Sarvice Center :
Raleigh; NC 27.b99-1598
Subject: NCDOT TIP # B-5349 Alamance County
Back Creek {Lyttle Creek} and Unnamed Tributaries [Cape Fear River Basin,
CPF03 {03-OG-03) Ciass WSV; NSWJ
Please note that no ot�er features at the site were evaluated. . Also, this leiter only addresses
applicability to the 3ordan Buffer Rnles at t1�e site specifically marked on the at�ached map and
daes not apply to reaches of the channel [or drainage feature] further downstream from the
NCDOT project area, or to any other drainage feat2xres in the vicinify. '
This letter only addresses t�e applicability to tne �nitigat�o�: rules and the buffer rules and does not
approve any acti�vity within the b�ffer, Waiers of tlie United Statea; or Waters of #he State. Any irnpacts
to wetlands, streams and bnffers must comply with the Jordan Lake Buffer Rules, 404/401 regulations,
water supply regulations (15A NCAC 2B A216), and any other required federal, state and local
Trar�spoffation and Permittir�g Unit �n�
1650 Mail Senrice Cenier; Raleigh, North Caroiina 27699-1650 NOI C�1CaT0111ic`�
Location: 512 N. 5alisbury 5t. Ftaleigh; North Caro[ir�a 27604 �`����dy��/l�
Phone'919-807-S30D 1 FAX: [phone] �� V �'r� ��
Intemet: www,ncwate�ualitv,om
An Equal Oppqrtunity 4 Affirmative Actio� Employer

regEiIations. Please be aware that even if no direct impacts. are propvsed. to the protected buffers, shee�
flow of a1I new stormwater runoff as per 15A NCAC 2B .0267 is required. .
The owner (or firture owners) or permittee should notify NCD'V47'Q (and otlier reTevant agez�cies) of this
det�rmination in any futuxe correspondences concerning this property and/or project. This on-site
de#errninatzon shall expire five (5) years fro� the date of this letter. :
Lazidowners or affecied parties that di spute a: detern�ation made by N�DWQ or Delegated Local
A.u�harity that a sur£ace water exists .and that it is subj ect to tlie mitigation rules may request a
determination by the Director. A request for.a deternunation by the Director shall be referred to the
Director in writing c/o Amy Cliapman; NCDWQ Wetlands/401 Unit, 1650 Mail Service Center; Ralezgh;
NC 27699-1654.
Ii�dividuals that dispute a determinatiori by NCDWQ or Delegated I;ocal Authority that "exempts" a
si.u�face water from the mitiga�ion rules may ask for an adjudicatory hearing. . You may obtain the peti�ion
i fr th fi f Admi � � Ii • Y' fl
orm nm e o ice o nxstrat�ve ear�ngs. ou must i e the pet�tzon w�th the oifice of
Administrative Hearings withiri sixty (60) days of receipt of this notice and the date the affected party
(including dawnsixeam and adjaeent landowners) is notified of tnis decision. A petition is considered
filed when it is received in the office of Adminis�rative Hearings d�ing r�ormal office hours. The Office
of Administ�ative Hearings accepts iilings Monday through Friday between the hours of 8:OOazn and
S;OOpm; except for of�cial state holidays. The original and one (1} copy of the petition must be �Ied with
the Qffice of Adrninistrative Hearirigs.
Tlxe petition �nay 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 txansmission.
The inailing address for the Office of Adrninis�ative Hearings is:
Office of Administrative Hearings
6714 Mai1: Se�rvice Center
Raleigh, NC 27599-6714
Telephone: (9l9)-431-3000, Facsimile: (919)-431-3100
A copy of the peti�ion rnust also be served on DENR as follows:
Mr. Lacy Presnell, General Counsel
� Deparhnent of Environment and Nat�xraI Resources .
1501 Mail'Service Center
This deternlination is final and binding unless you ask for a hearing within 60. days.
If you have any addit�onal quest�ons or require additional information please call rne at 336-771-4959 or
�
[e-mail].
Sincerely,
Pi�ny Euliss
Attachmez�ts: signed locaiion ma.p
cc: Aa�dy Williams, US A,rmy Carps of Engineers — Ra�eigh Regulatory Field Office (electronic copy
only)
NCDWQ WeYlands 441 Transportation Permitting Unit
File Copy