20130888_Stream Call Letter_20121008

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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
October 8 2012
Robert Turnbull
Environmental Services Inc
524South New Hope Road
Raleigh NC 27610
Subject Baysden Road(SR 1247) Onslow County
On Site Determination for Applicability to the Mitigation Rules(15A NCAC 2H 0506(h)
Dear Mr Turnbull
On September 5 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
corridor of the Baysden Road(SR 1247) for applicability to the mitigation rules(15A NCAC 2H 0506(h)) The
drainage features are approximated on the attached map initialed and dated October 8 2012
Feature Feature Map Feature Latitude/Longitude DWQ Stream
iD Page Type Stream Mitigation
Type Required
TC Figure 3 Trib 34 83727/ 77 65846 N/A No
TB Figure 3 Trib 34 83353/ 77 66088 N/A No
SA Figure 3 Stream 34 83269/ 77 66196 Intermittent Yes
This letter only addresses the features listed above that were visited on September 5 2011 No other
streams/features were noted or reviewed within the project area during this site visit Furthermore this letter only
addresses applicability to the mitigation rules(15A NCAC 2H 0506(h))at the site specifically marked on the
attached map and does not apply to reaches of the channel [or drainage feature] above or below 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 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 Amy Chapman NCDWQ
Wetlands/401 Unit 1650 Mail Service Center Raleigh NC 27699 1650
Transportation and Permitting Unit One
1650 Mail Service Center Raleigh North Carolina 27699 1617 NorthCarohna
Location 512 N Salisbury St Raleigh North Carolina 27604 Naturally/
Phone [phone] FAX [phone]
Internet www ncwaterouality org
An Equal Opportunity\Affirmative Action Employer

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 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(910)308 4021 or at
mason herndon @ncdenr gov
Sincerely
Mason Herndon
Attachments signed map
ec Brad Shaver US Army Corps of Engineers—Wilmington Regulatory Field Office
Stoney Mathis NCDOT—Division 3
NCDWQ Wetlands 401 Transportation permitting Unit File Copy

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0 Jurisdictional Wetland'
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— Jurisdictional Tributar
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Source:High Resolution NC Statewide
Imagery,CGIA.20'C.
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Jurisdictional Areas Project: ER12052.25
Baysden Road(SR 1247) Dale: Sep 2072
...dipp, Drwn/Chkd: KT/RT
Onslow County,North Carolina Figure: 3
— —.' October 8,2012