U-5731 Final SDL November 2019

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ROY COOPER _ =
Governor
MICHAEL S.REGAN !dr
Secretary 4tp„avm�
LINDA CULPEPPER NORTH CAROLINA
Director Environmental Quality
November 6, 2019
Mason Herndon, Environmental Program Supervisor
NC DOT Division 3
5501 Barbados Blvd.
Castle Hayne, NC 28429
Subject: NCDOT TIP # U-5731, New Hanover County
Cape Fear River and Northeast Cape Fear River in the Cape Fear River
Basin
On-Site Determination for Applicability to the Mitigation Rules (15A NCAC 2H .0506[h])
Dear Mason:
On January 11, 2018, at your request and in your attendance ,Joanne Steenhuis,NC Division of
Water Resource (NCDWR) staff, conducted an on-site determination to review drainage features
located At the intersection of US 74 at US 17/421 Flyover and Free Flow Ramp for applicability
to the mitigation rules (15A NCAC 2H .0506[h]). The drainage features are approximated on the
attached map signed and dated November 6, 2019.
River Stream Stream
Stream Name Basin Stream Classification(s Index
T e Number
SA UT to Northeast Cape Fear River Cape Fear Perennial SC;Sw 18-74- 61
SB (open water) Cape Fear Perennial SC;Sw 18-74-(61)
UT to Northeast Cape Fear River
SC UT to Cape Fear River Cape Fear Perennial SC;Sw 18-74- 61
SD UT to Northeast Cape Fear River Cape Fear Perennial SC;Sw 18-74- 61
SE UT to Cape Fear River Cape Fear Perennial SC 18- 71
SF UT to Cape Fear River Cape Fear Perennial SC 18- 71
SG UT to Cape Fear River Cape Fear Perennial Sc 18- 71
SH UT to Northeast Cape Fear River Ca e Fear Perennial SC 18- 71
Cape Fear River Ca a Fear Perennial SC 18- 71
Northeast Cape Fear River Cape Fear Perennial SC;Sw 18-74- 61
Please note that all of these features are tidal
D_E Q� North Carolina Department of Environmental Quality I Division of Water Resources
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Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington,North Carolina 28405
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oawi..nauxA��oiar� /"� 910.796.7215

Please note no other features at the site were evaluated, but there was a section that was not
accessible (see sheet 2 of 3) and will be reviewed at a future time. Also, this letter only
addresses the applicability to the mitigation rules and does not approve any activity within the
Waters of the United States, or Waters of the State. Any impacts to wetlands and/or streams
must comply with the 404/401 regulations, water supply regulations (15A NCAC 2B .0216), and
any other required federal, state and local regulations. Please be aware that the USACE may
require mitigation for impacts to intermittent and perennial streams, NCDWR limits mitigation
to perennial streams with impacts greater than 300 linear feet.
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: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 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. Sam M. Hayes, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh,NC 27600-1601

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 contact me at(910)
796-7306 or [e-mail].
Since ly,
L
J e Steenhuis, Environmental Specialist II
ivision of Water Resources
Attachments: Figure 3 (Map sheet 1 of 3) (3 pages)
Electronic copy only distribution:
Brad Shaver, US Army Corps of Engineers, Wilmington Field Office
File Copy

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