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Home My WebLink About20131017_On-Site Determination_20120510Stream Call Letter B 4608 Randolph Stream Call Letter B -4608 Randolph Herndon, Mason Page 1 of 1 Sent Thursday May 10 2012 12 23 PM To Beth Reed @kimley horn com Cc Smith Ronnie D SAW [Ronnie D Smith @usace army mil] King Art C Beauregard Rachelle Carrillo Sonia Attachments B 4608 Stream Call Letter —1 pdf (256 KB) B 4608 Randolph features s -1 pdf (756 KB) Beth attached is DWQ s stream letter and signed map for B 4608 Bridge 208 on SR 1003 (Erect Rd) over Fork Creek In Randolph County These determinations are based on our field visit on April 24 2012 and the information you provided on March 23 2012 If you have any questions or If I can be of any further assistance please do not hesitate to contact me Thanksl MH Mason Herndon Environmental Senior Specialist NCDENR Division of Water Quality Surface Water Protection mason herndon @ncdenr gov Phone (910) 308 4021 E mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties https / /mail nc gov /owa/ ?ae= Item &t =IPM Note &id= RgAAAADMSzLcd9W2TJH14 %2bm 5/10/2012 LT-A NCDEE R North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild 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 4608 (Bridge 208 on SR 1003 over Fork 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 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 #B 4608 for applicability to the mitigation rules (15A NCAC 2H 0506(h)) The drainage features are approximated on the attached map initialed and dated May 8 2012 Feature ID Feature Map Page Feature Type DWQ Stream Type Stream Mitigation Required SA Fig 3 Stream Perennial Yes SB Fig 3 Stream Intermittent Yes SC Fig 3 Stream Perennial Yes SD Fig 3 Stream Perennial Yes SE Fig 3 1 Ditch I N/A No Dee Freeman Secretary This letter only addresses the features listed above that were visited on April 24 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 protect 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 Transportation and Permitting Unit 1650 Mail Service Center Raleigh North Carolina 27699-1617 Location 512 N Salisbury St Raleigh North Carolina 27604 Phone 919 807 6300 1 FAX 919 807 6492 Internet www rimaterauality oro An Equal Opportunity \ Affirmative Action Employer One NorthCarohna Nahma!!ff 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 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 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 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 (910) 308 4021 or at mason hemdon @ncdenr gov Sincerely 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 t' ti �_��. May 10, 2012