DWR_R-5759_Surface Water Determinations

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
Mr. Kevin Hining
Division 11 Environmental Officer
NCDOT
801 Statesville Road
North Wilkesboro, NC 28659
Electronic correspondence
NORTH CAROLINA
Environmental Quality
8/14/2019
Subject: NCDOT's request dated May 23, 2019 for surface water determinations within the prc
of NC 115 (Statesville Road) widening from US 421 to 2nd Street in Wilkes County; STIP Proje
Site Determination for Applicability to the Mitigation Rule (15A NCAC 2H .0506[h])
Dear Mr. Hining:
On August 7, 2019, NC Division of Water Resources (NCDWR) staff along with yourself condi
verifications at the above referenced project to determine the accuracy of mapping information I
Table 1 below provides a description of features evaluated and determinations made, all of whic
mapping provided. Wetlands and other features that were not assessed will be considered accura
information referenced above and in concurrence with the US Army Corps of Engineers should
evaluations be conducted by them.
This letter only addresses the features specifically marked on the maps provided and does not apply to other
drainage features further downstream from NCDOT's project area, or to any other drainage features in the vicinity.
This letter only addresses the applicability to the Mitigation Rule 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 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.
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1650 Mail Service Center I Raleigh, North Carolina 27699-1650
919.70T9000

Table 1. Descriptions of surface water features tar R-S7a4
Feature Code
Stream
Determination
Stream Name
Stream
Classification
Strean
Index N
Mainstem
Perennial
Yadkin River
C
12-38
SA
UT to Fishing Creek
12-44
SB
SC
SD
Intermittent
SF
UT to Yadkin River
12-(38)
SG
Perennial
SH
SI
Wetlands (Not assessed)
��WA,WB, WC, WD,WF
..a U" ,ten uUt,1kA«u on ,:naps was reviewea on site and is likely a stormwater basin for vehicle fue
Individuals that dispute a determination by NCDWR or Delegated Local Authority that "exemp
from the mitigation rules may ask for an adjudicatory hearing. You may obtain the petition fon....,,11, L11� oiilt1c 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 -provided that 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: (919) 43 1-3 100
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 Dave Wanucha at 336-776-9703
or Dave. [e-mail].
Sincerely, DocuSigned by:
NVA, �� for:
Linda Culpep�?6b I�&Yor°
Division of Water Resources
Attachments: Topographic Maps
Electronic copy only distribution:
Lori Beckwith, US Army Corps of Engineers, Asheville Regulatory Office (Loretta.A.Beckwith@usace. army. mil)
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