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Home My WebLink AboutR-4434Beverly Eaves Perdue Governor A �* NC®ENR North Carolina Department of Environment and Natural Resources Division of Water Quality Charles Wakild P E Director April 5 2012 Ms Susan Westberry URS Corporation 201 N Front Street Suite 509 Wilmington NC 28401 Subject NCDOT TIP R 4434 (Midway Road) Cape Fear River Basin 03030007 On Site Determination for Applicability to the Mitigation Rules (15A NCAC 2H 0506[h]) Dear Ms Westberry On February 21 2012 at your request and in your attendance David Wainwright NC Division of Water Quality ( NCDWQ) staff conducted an on site determination to review drainage features located within the project corridor of the subject project for applicability to the mitigation rules (15A NCAC 2H 0506[h]) The drainage features are approximated on the attached map initialed and dated April 5 2012 Stream features within the area reviewed are summarized below No Feature Description Jurisdictional Package Feature ID Feature T Type Subject to Mitigation 1 UT to Smith Creek SA Intermittent Yes 2 UT to Snuth Creek SB Perennial Yes 3 UT to Burnt Mill Creek SC Intermittent Yes 4 UT to Swath Creek SD Intermittent Yes 5 UT to Swath Creek SF Intermittent Yes 6 UT to Swath Creek SG Intermittent Yes 7 UT to Smith Creek SH Perennial Yes 8 UT to Smith Creek Si Perennial Yes 9 UT to Burnt Mill Creek SK Intermittent Yes 10 Burnt Mill Creek SL Perennial Yes 11 UT to Smith Creek SM Intermttent Yes 12 UT to Srruth Creek SN Perennial Yes 13 UT to Smith Creek SO Intermittent Yes 14 UT to Swath Creek SP Intermittent Yes 15 UT to Smith Creek SR Intermittent Yes It should be noted that feature SN was included in the jurisdictional determination for STIP project U 3338 (Kerr Avenue) as feature SB which found the feature to be perennial This determination confirms that the feature is perennial Dee Freeman Secretary Please note that other features identified in the jurisdiction verification request package but not reviewed on site by NCDWQ will be considered accurate as presented Also this letter only addresses features located within the project boundaries as indicated on the attached maps map and do not apply to reaches of the channel (or drainage Transportation and Permitting Unit One 1650 Mad Service Center Raleigh North Carolina 27699 1650 NorthCarohna Location 512 N Salisbury St Raleigh North Carolina 27604 fly+ // Phone 919. 807 -63001 FAX 919 -807 6492 Naturally y Internet www ncwaterouality ora An Equal Opportunity 1 Affirmative Action Employer feature) further upstream or downstream from the NCDOT project area or to any other drainage features in the vicinity 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 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 NCDWQ (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 NCDWQ 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 Brian Wrenn NCDWQ Wetlands /401 Unit 1650 Mail Service Center Raleigh NC 27699 1650 Individuals that dispute a determination by NCDWQ 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 (919) 733 2698 Facsimile (919) 733 3478 A copy of the petition must also be served on DENR as follows Ms Mary Penny Thompson General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh NC 27699 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 David Wainwright at (919) 807 6405 or at David Wamwright @ncdenr gov Sincerely David Wainwright Attachments Signed and dated maps cc Brad Shaver US Army Corps of Engineers — Wilmington Regulatory Field Office (electronic copy only) John Merritt NCDOT Natural Environment Section Mason Herndon NCDWQ Fayetteville Regional Office NCDWQ Wetlands 401 Transportation Permitting Unit File Copy -.•'��, `� _., I hire 4 .( �tT�fj�` ��'�� c- i - f i.. ��s`•i+':'' 1. �- �'�ft ��_�� _.1 •''/� '�I'- �{- -� " �' ,•`Z i.c � �� ut r r� �� i� r t ,�. ti" .tom ��SSS Y VV SB �.{ Perennial f�, �'''�� SR r �, Intermittent II y, Si sr'w^F -�' Perennial " "' :t S+t ":..:.,_ r 'i - 4� r ,L r r � r4 � 'r, � �. ,� • I \�i- SMh. ..� •d Intermittent I'''4�h i44 �-,�' ,{ 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Intermittent �_, kl- SIF Intermittent r' },:. .,t`' F ` J J SO Perennial -fir,' r ' • y a ' J C I a- �tt{'+t, �rz' i .•'1 - y t Intermittent SID �- • Intermittent _ ` ,/�p°"rs��i�� --'a I ..� • SC SG - - - r� -- _ , SP Intermittent Intermittent �`��s_ • I r I L Intermittent SH" Perennial 4� �.,• �Dpl� ; in r fT WW SK h ` �' • 4 1 i�i- - ' � n'• � - all - . I I � � • - _ _ ,. • y. Intermittent - >� r ar I 1• t. O -- —' s r - _-- � — _ .,Ark f ,' 1 d ;, L: > SLL7 - "$ct><�- _ _. � � -- _ ! *✓ (�. .,ter'`- * Perennial r` CAd R U-4434 Independence Blvd M Featrues shown for refe ence purposes only New Hanover County f I