20160253_On-Site Determination_20120510

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Waklld P E
Governor Director
May 10 2012
Ms Beth Reed
Kimley Horn and Associates Inc
P O Box 33068
Raleigh NC 27636 3068
Subject NCDOT TIP B 5360 (Bndge 374 on SR 2481 over Sandy Creek Randolph County)
Cape Fear River Basin 03030003
On Site Determination for Applicability to the Mitigation Rules (15A NCAC 2H 0506(h)
Dear Ms Riffey
Dee Freeman
Secretary
On April 24 2012 at your request and in your attendance Mason Herndon NC Division of Water Quality
(NCDWQ) staff conducted an on site determination to review drainage features located within the proposed study
area of TIP #5360 for applicability to the mitigation rules (15A NCAC 2H 0506(h)) The drainage features are
approximated on the attached map signed and dated May 10 2012
Feature
ID
Feature Map
Page
Feature
Type
DWQ Stream
Type
Stream Mitigation
Required
SA
Fig 3
Stream
Perennial
Yes
SC
Fig 3
Stream
Intermittent
Yes
Notes SA is Sandy Creek
This letter only addresses the features listed above that were visited on Apn124 2012 This letter does not apply to
reaches of the channel (or drainage feature) further upstream or downstream of the project study area or to any other
drainage feature within the project study area depicted on the attached map
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
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 Bnan 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 heanngs You must file the petition with the office of Administrative Hearings within sixty (60)
Transportation and Permitting Unit
1650 Mail Service Center Raleigh North Carolina 276991617
Location 512 N Salisbury St Raleigh North Carolina 27604
Phone 919 - 807 6300 \ FAX [phone]
Internet www ncwaterouality orq
An Equal Opportunity \ Affirmative Action Employer
One
NorthCarohna
Natura!!b

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 DENR as follows
Mr William Cary 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 me at [phone] or at
mason herndon @ncdenr gov
Sincerely
L�
Mason Herndon
Attachments signed map
ec Ronnie Smith US Army Corps of Engineers — Wilmington Regulatory Field Office
Art King Division 8 Environmental Officer
Rachelle Beauregard NCDOT Natural Environmental Section
NCDWQ Wetlands 401 Transportation permitting Unit File Copy

MORTm Figure 3: Jurisdictional Features Map
North Carolina TIP Project: B -5360
Department
of Bridge # 374 on SR 2481 (Low Bridge Rd.) over Sandy Creek
sr`ENr OFMed��. Transportation Randolph County, North Carolina
May 10, 2012