20140350_On-Site Determination_20120123

A7o"'Av
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild P E Dee Freeman
Governor Director Secretary
January 23 2012
Mark Mickley
Mulkey Engineers and Consultants
6750 Tryon Road
Cary NC 27518
Subject NCDOT TIP # U 3338 (Kerr Avenue) New Hanover County
On Site Determination for Applicability to the Mitigation Rules (15A NCAC 2H 0506[h])
Dear Mr Mickley
On September 22 2009 at your request and in your attendance David Wainwright Division of Water
Quality (DWQ) staff conducted an on site determination to review drainage features located within the
Kerr Avenue widening study area for applicability to the mitigation rules (15A NCAC 2H 0506[h]) On
December 2 2011 the DWQ received your request to update the initial determination by adding a stream
feature located within an updated expanded study area The initial drainage features as well as that of the
expanded study area are approximated on the attached maps initialed and dated January 2' ) 2012
Feature
ID
Attached Feature
Map Page
Feature
Type
DWQ Stream
Type
M►t►gat►on
Required
SA
1
Stream
Perennial
Yes
SB
1
Stream
Perennial
Yes
SD
1
Stream
Perennial
Yes
DA
2
Ditch
N/A
No
DB
1
Ditch
N/A
No
DC
1
Ditch
N/A
No
DD
1
Ditch
N/A
No
DE
1
Ditch
N/A
No
DF
2
Ditch
N/A
No
XSA*
I
Stream
Perennial
Yes
Feature included in updated study area and not included in initial field review
Please note that no other features at the site were evaluated
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 or streams must comply
Transportation and Permitting Unit
1650 Mail Service Center Raleigh North Carolina 276991650
Location 512 N Salisbury St Raleigh North Carolina 27604
Phone [phone] FAX [phone] Customer Service 1877-623 6748
Internet www ncwaterguality org
An Equal Opportunity 1 Affirmative Action Employer
NorthCarohna
Naturally

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 the DWQ (and other relevant agencies) of this
decision in any future correspondences concerning this property and /or protect This determination for
features included in the expanded study area shall expire five (5) years from the date of this letter
Landowners or affected parties that dispute a determination made by the DWQ or delegated local
authority that surface waters feature(s) 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 Brian Wrenn DWQ Wetlands /401 Unit 1650 Mail Service Center Raleigh NC
27699 1650 Individuals that dispute a determination by the DWQ or Delegated Local Authority that
exempts surface water features from the mitigation rules may ask for an adjudicatory hearing You
must act within 60 days of the date that you receive this letter Applicants are hereby notified that the 60
day statutory appeal time does not start until the affected party (including downstream and adjacent
landowners) is notified of this decision DWQ recommends that the applicant conduct this notification in
order to be certain that third party appeals are made in a timely manner To ask for a hearing send a
written petition which conforms to Chapter 150B of the North Carolina General Statutes to the Office of
Administrative Hearings 6714 Mail Service Center Raleigh N C 27699 6714 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 David Wainwright at
[phone] or at David Wainwright @ncdenr gov
Sincerely
David Wainwright
Attachments Signed maps
cc Brad Shaver US Army Corps of Engineers — Wilmington Regulatory Field Office
Mason Herndon DWQ Fayetteville Regional Office
File Copy
Transportation and Permitting Unit
1650 Mail Service Center Raleigh North Carolina 27699 1650
Location 512 N Salisbury St Raleigh North Carolina 27604
Phone 919 - 807 -63001 FAX 91M07 6492
An Equal Opportunity 1 Affirmative Action Employer
NorthCarohna
Naturally

'D
7
-4 �11
NO
I 5-vr*..
Ll 11";
le F.,
A .2
SB
JN, p
A,
r
17.
-51
SB
AIL
A
V ' r
V.
I.0
WIN
XSA
E�;"n'ded
WA� -4 Study
Area .
j
rL v I
*40
SD
r DE --�
t
Feature Map�
Page 1
DC
■
DD
jo hr
2ZA�l
Legend
Surface Feature
Maps are for ldational purposes only Su = Study Ar ea Boundary

l�
r
In "I
■i
IL ■
f i n
r Pat
l�
f
�•_, .,1� Lys` � - -� —_ _ -� �f'' s'�
DA
DA
JDFI'
1�
I I
f�f
R q
34
Now-
r ■
41 ■
■ .i r' � fr
■
� a
a 1m
jmj-�
y
� > fit■
�'• R L
lb
,.- �%j
r
� � r
IW f - ■
r �
t
1
■ # ,
■
.�
■
or
■
■
■ ■
�.
�j
Feature Map �� � � � f/ Legend
Page 2 Maps are f r locational purposes only �� Surface Feature y
I StudyArea Boundary