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Home My WebLink About20191250 Ver 1_NCDWR Stream Determination Letter_20181214NORTH CAROLINA ROY COOPER ErrOM"fh#ltfd� QUdIlly Go+v"w MICHAEL S. REGAN &-Wary LINDA CULPEPPER lrrredm &lr sa w December 14, 2018 William Sullivan, Environmental Consultant Kimley-Horn and Associates 421 Fayetteville Street, Suite 600 Raleigh, NC 27601 Subject: Onsite Determination for Applicability to the Mitigation Rules (15A NCAC 2H .0506) Onsite Determination for Applicability to the Jordan River Basin Buffer Rules (15A NCAC 02B .0267) Proposed Project: Elliott Road Extension Dear Mr. Sullivan: On December 4, 2018, the North Carolina Division of Water Resources (NCDWR), along with Kimley-Horn and Associates, conducted an onsite determination to review drainage features described in Table 1 regarding applicability to the Jordan River Basin buffer rules and mitigation requirements. The attached map(s) accurately depicts stream determinations conducted during the site visit. Table 1. Description of drainage features. Stream Feature Stream Stream Index Applicable Mitigation Name Code Basin Sub -basin Classification No. Buffer Rule Rule Booker Booker Cape CPF06 WS-IV; NSW 16-41-1-15-2-(5) Subject Subject Creek Creek Fear UT to Cape Booker SB CPF06 WS-IV; NSW 16-41-1-15-2-(5) Not Subject Subject Creek Fear UT to Cape Not Booker SC Fear CPF06 WS-IV; NSW 16-41-1-15-2-(5) Not Subject Subject Creek NCDWR has determined that the above features identified as Booker Creek and SB are perennial and are subject to mitigation rules. Additionally, Booker Creek is subject to the Jordan River Basin buffer 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. North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617 919.707.9000 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 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 8:00am and 5:00pm, 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: (919) 431-3000, Facsimile: (919) 431-3100 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. Sincerely, DocuSigned by: n/e.t,-ten, 038AC6376A6340D... Attachments: Environmental Features Map Electronic copy only distribution: Samantha Dailey, US Army Corps of Engineers, Raleigh Field Office File Copy �D= E Q3 _N.Fco North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617 919.707.9000 ROY COOPER Go+v"w MICHAEL S. REGAN &-Wary LINDA CULPEPPER Inredm &lr sa w NCDWR Project No.: Applicant: Project Name: NORTH CAROLINA ErrOr "flI&Mkt Quairly Date of Issuance of 401 Water Quality Certification: County: Certificate of Completion Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, and any subsequent modifications, the applicant is required to return this certificate to the 401 Transportation Permitting Unit, North Carolina Division of Water Resources, 1617 Mail Service Center, Raleigh, NC, 27699-1617. This form may be returned to NCDWR by the applicant, the applicant's authorized agent, or the project engineer. It is not necessary to send certificates from all of these. Applicant's Certification I, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Agent's Certification Date: I, , hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature: Engineer's Certification Partial Final Date: I, , as a duly registered Professional Engineer in the State of North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the project for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in the observation of the construction such that the construction was observed to be built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and specifications, and other supporting materials. Signature Date Registration No. North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617 919.707.9000 ,. � 11 i, �1 r r I•1 '��,s P��1�11 ly1.' �� + :• Vr1I/ Nq � Alk— Booker Creek ' 1j � � �ttSM �111 1 �I *- r• lot- • r L • R'r 1 1 • I. ti. .. f +9a� ;. J -Asti'.•-�� •• i. �•� , :.� ' = ' ow lift _ r Ak L � 1 t Legend Project Study Area Intermittent ^- Perennial � DS �^f 12/14/2018 0 300 600 Feet Figure 3: Jurisdictional Features Map Elliott Road Extension Chapel Hill, Orange County, NC October 2018 Docu5�". 6 S E C U R E 6 Certificate Of Completion Envelope Id: C949B2DD98D2434F8856DF674A7DE888 Status: Completed Subject: Please DocuSign: NCDWR Stream Determination Letter —Elliott Road_Orange.docx, 20181520 Ver 1_Buf... Source Envelope: Document Pages: 4 Signatures: 1 Envelope Originator: Certificate Pages: 1 Initials: 1 April Norton AutoNav: Disabled 217 W. Jones Street Envelopeld Stamping: Disabled Raleigh, NC 27699 Time Zone: (UTC-08:00) Pacific Time (US & Canada) april.norton@ncdenr.gov I Address: 149.168.204.10 Record Tracking Status: Original Holder: April Norton Location: DocuSign 12/14/2018 8:19:59 AM april.norton@ncdenr.gov Signer Events Signature Timestamp April NortonSent: by: 12/14/2018 8:20:24 AM april.norton@ncdenr.gov EDISi�"Id �P^"dW Viewed: 12/14/2018 8:20:29 AM DWR 03snc6376n6340D... Signed: 12/14/2018 8:21:05 AM DEO Freeform Signing Security Level: Email, Account Authentication Signature Adoption: Pre selected Style (None) Using IP Address: 149.168.204.10 Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 12/14/2018 8:20:24 AM Certified Delivered Security Checked 12/14/2018 8:20:29 AM Signing Complete Security Checked 12/14/2018 8:21:05 AM Completed Security Checked 12/14/2018 8:21:05 AM Payment Events Status Timestamps