STIP_U-5893 NCDWR Stream Determination Letter.pdf

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
Jerry Parker, NCDOT
Division Environmental Supervisor
1584 Yanceyville Street
Greensboro, NC 27415
NORTH CAROLINA
Environmental Quality
May 29, 2019
Subject: Onsite Determination for Applicability to the Mitigation Rules (15A NCAC 2H .0506)
Proposed Project: Improvements to Future US 311 and NC 14 (South Van Buren Road) and SR 2066 (Kings
Highway) in Eden, NC,, Rockingham County; STIP U-5893.
Dear Mr. Parker:
On April 2, 2019, the North Carolina Division of Water Resources (NCDWR), along with the Army Corps of
Engineers (USACE) and Johnson, Mirmiran, and Thompson (JMT) conducted an onsite determination to review
drainage features described in Table 1 regarding applicability to mitigation requirements.
NCDWR acknowledges the areas and boundaries identified as jurisdictional wetlands by the USACE. The attached
map(s) accurately depicts stream determinations conducted during the site visit.
Table 1. Description of drainage features.
Stream
Feature
Stream
Stream
Applicable
Mitigation
Name
Code
Basin
Sub -basin
Classification
Index No.
Buffer Rule
Rule
UT to
N/A
Smith
SA-1
Roanoke
ROA02
WS-IV
22-40-(1)
Subject
River
UT to
Roanoke
ROA02
22-40-(1)
N/A
Smith
SA-2
WS-IV
Subject
River
UT to
Roanoke
ROA02
22-40-(1)
NIA
Smith
SA-3
WS-1V
Subject
River
NCDWR has determined that the above features identified as: SA-1, SA-2, and SA-3 are perennial and are subject to
mitigation rules.
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 on -site determination shall expire five (5)
years from the date of this letter.
"� North Carolina Department of Environmental Quality I Division of Water Resources
Ew
512 North Salisbury Street 1 1617 Mail Service Center j Raleigh, North Carolina 27699-1611
NORTH CAHQLINA Qi
oan.memm�Nm��,idu,i� /`� 919.707.9000

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 petition with the office of Administrative Hearings within sixty (60) days
of receipt of this notice 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 5: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 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. Bill F. Lane, 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 April Norton at 919-707-9111 or
April.Norton(a)ncdenr. eov.
Attachments: Jurisdictional Features Map
Electronic copy only distribution:
David Bailey, US Army Corps of Engineers, Raleigh Field Office
Della Moore, DOT Division 7
Ray Bode, JMT (rbode(a(6mt.com)
File Copy
DS

• „� WA-DPW�
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SA Reach 3
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ell
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Feet
;+ s
�All SA Reach 3
\. SA Reach 2
a
WC* WC DPW
3
SA Reach 1 WC DPU
Feet 1
WB DPU o )
,
WB DPW
"
s
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14
Source: NC OneMap (2018)
WB* and WC* were added per comments on PJD Site Visit on April 2, 2019. ` 0 125 250 500
WB* and WC* were flagged on site and their boundaries were drawn in based
on field measurements, LIDAR, and aerial imagery. ° Feet
of NORTH Cq • Wetland Data Point Figure 3: Aerial Imagery & Features Map
qO`7 QStudy Area U.S. 311 / N.C. 14 (South Van Buren Road) to SR 2066 (Kings Highway)
oPerennial Streams (Potential Non -Wetland Waters of the US) in Eden. Convert At -Grade Intersection to Interchange.
p9T ti� Potential Wetland Waters of the US STIP No. U-5893 Ds
April 2019
OF TRANSeoQ Potential Wetland Waters of the US - Revised 4/2/19 Rockingham County, NC kr 5/29/2019

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April Norton
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217 W. Jones Street
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Raleigh, NC 27699
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IP Address: 149.168.204.10
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