20171365_Stream Call Letter_20120904

North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E Dee Freeman
Governor Director Secretary

Transportation and Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699 -1617
Location: 512 N. Salisbury St. Raleigh, North C arolina 27604
Phone: [phone] \ FAX: [phone]
Internet: www.ncwaterquality.org

An Equal Opportunity \ Affirmative Action Employer

September 4 , 20 12

M r . Charles Johnson
Environmental Services, Inc .
524 S. New Hope Road
Raleigh, NC 27610

Subject: NCDOT TIP U -4405, US 401 from SR 1409 to US 401 Business in Cumberland County
Cape Fear River Basin , 03030004

On -Site Determination for Applicability to the Mitigation Rules (15A NCAC 2H .0506(h)

Dear Mr. Johnson :

On August 9 , 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 feat ures located within the proposed study
area of TIP #U -4405 for applicability to the mitigation rules (15A NCAC 2H .0506(h)). The drainage features are
approximated on the attached map s that are initialed and dated August 30 , 20 12 .

Feature
ID
Feature Map
Page
Feature
Type
DWQ Stream
Type
Stream Mitigation
Required
SA Fig. 3 b Stream Perennial Yes
SB Fig. 3 b Stream Perennial Yes
SC Fig. 3 b Stream Perennial Yes
SD Fig. 3 d Stream Perennial Yes

This letter only addresses the features listed above that were visited on August 9 , 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 sup ply 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
d etermination 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 Amy Chapman , 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 co nsidered 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) bu siness 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: (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 heari ng within 60 days. If you have any additional
questions or require additional information please contact me at (910) 308 -4021 or at mason.herndon @ ncdenr.gov .

Sincerely,

Mason Herndon

Attachments: signed map s

e c: Ronnie Smith , US Army Corps of Engineers – Wilmington Regulatory Field Office
Jim Rerko, Division 6 Environmental Officer
Gordon Cashin , NCDOT, Natural Environmental Section
NCDWQ Wetlands 401 Transportation permitting Unit File Copy