20210695 Ver 1_Meeting Request Review Doc Attachment_20210406 (2)

North Carolina Department of Environmental Quality | Division of Water Resources
512 North Salisbury Street | 1617 Mail Service Center | Raleigh, North Carolina 27699-1617
919.707.9000

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director

August 26, 2020
Undrea Major
NC DOT Rail Division Planning and Development Branch
1553 Mail Service Center
Raleigh, NC 27699-1553

Subject: NCDOT TIP # P-5740 Wilmington Beltline, Brunswick and New Hanover Counties
Cape Fear Basin

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

Dear Mr. Major:

On August 11, 2020, at the request of John Dorney of Moffat and Nichol and in the attendance of Rebeckah Sims
and Jonathan Turner of Moffat and Nichol, Joanne Steenhuis of NC Division of Water Resource (NCDWR),
conducted an on-site determination to review drainage features located along the rail line that begins within Navassa
and ends near the Port of Wilmington, specifically this determination covers the area from just east of the Davis
Yard in Navassa to the proposed curve realignment area near the Love Grove community in Wilmington for
applicability to the mitigation rules (15A NCAC 2H .0506[h]). The drainage features are approximated on the
attached map signed and dated August 26, 2020.

Please note that other sites identified in the jurisdiction verification request package but not reviewed on site by
NCDWR will be considered accurate as presented.

This letter only addresses the applicability to the mitigation rules and does not approve any activity within the
Waters of the United States, or Waters of the State. Any impacts to wetlands and/or streams must comply with the
404/401 regulations, water supply regulations (15A NCAC 2B .0216), and any other required federal, state and local
regulations. While USACE may require mitigation for impacts to intermittent and perennial streams, NCDWR limits
mitigation to perennial streams with impacts greater than 300 linear feet.
Stream Name River Basin Stream Type Stream
Classification(s)
Stream Index
Number
Cape Fear River Cape Fear Perennial SC 18-(71)
Toomers Creek Cape Fear Perennial WS-IV;CA 18-73-(2)
SA (UT to Cape Fear River) Cape Fear Perennial SC 18-(71)
SB (UT to Cape Fear River) Cape Fear Perennial SC 18-(71)
SC (UT to Smith Creek) Cape Fear Intermittent C;Sw 18-74-63
SD (UT to Smith Creek) Cape Fear Intermittent C;Sw 18-74-63
Northeast Cape Fear River Cape Fear Perennial SC;Sw 18-74-(61)
SE (UT to Smith Creek) Cape Fear Perennial C;Sw 18-74-63
Burnt Mill Creek Cape Fear Perennial C;Sw 18-74-63-2

North Carolina Department of Environmental Quality | Division of Water Resources
512 North Salisbury Street | 1617 Mail Service Center | Raleigh, North Carolina 27699-1617
919.707.9000

determination in any future The owner (or future owners) or permittee should notify NCDWR (and other relevant
agencies) of this 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 NCDWR 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, NCDWR
Wetlands/401 Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617.

Individuals that dispute a determination by NCDWR 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: [phone], Facsimile: [phone]

A copy of the petition must also be served on DEQ as follows:

Mr. Sam M. Hayes, General Counsel
Department of Environmental Quality
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 call Joanne Steenhuis at (910) 796-
7306 or [e-mail].

Sincerely,

Joanne Steenhuis, Environmental Specialist II  
  Division of Water Resources

Attachments: Exhibit 6-1 to 6-9 (9 pages)

Electronic copy only distribution:
Brad Shaver, US Army Corps of Engineers, Wilmington Field Office
Rebeckah Sims, Moffat and Nichol
John Dorney, Moffat and Nichol
File Copy
EXHIBIT 3-1
M&N Project No.
Title:
Client:
Approved By:Date:
Drawn By:MLHJRM
MLH
10436-02
Project:
Checked By:
^
Site Location
POTENTIAL WATERSOF THE US MAP
Legend
Site Bound ary
Potential Waters of the U.S. (Wetlands)
We tland s - 30.74 ac
Potential Waters of the U.S. (Rivers, Streams, Tribs)
Rive r - 437.31 LF
Stre am - 1,718.15 LF
Tributary - 1871.99 LF
1 in = 433 ft
8/17/2020
³
WILMINGTON BELTLINEUP GRADES
WILMINGTON, NC34.257881, -77.944846
M&N P ERFORMED A WOTUS DELINEATION AND GP S LOCATING ON 04 MAY 2020. M&N’sDELINEATION HAS NOT BEEN VERIFIED BY THE USACE OR THE NCDWR. OUR FINDINGS HAVE NOTBEEN SURVEYED AND OUR EXHIBITS DO NOT REP RESENT A SURVEY. THIS EXHIBIT SHOULD BEUSED FOR P RELIMINARY P LANNING P URP OSES. STATE BUFFERS ARE NOT AP P LICABLE.HOWEVER, LOCAL STREAM/STORMWATER BUFFER REQUIREMENTS ARE AP P LICABLE. LOCALBUFFER AND STORMWATER REQUIREMENTS ARE NOT DEP ICTED ON THIS EXHIBIT.
August 26, 2020
Cap
e
F
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a
r
R
i
v
e
r
Toomers
C
r
e
e
k
WC
WB
WA
WD
EXHIBIT 3-2
M&N Project No.
Title:
Client:
Approved By:Date:
Drawn By:MLHJRM
MLH
10436-02
Project:
Checked By:
^
Site Location
POTENTIAL WATERSOF THE US MAP
Legend
Site Bound ary
Potential Waters of the U.S. (Wetlands)
We tland s - 30.74 ac
Potential Waters of the U.S. (Rivers, Streams, Tribs)
Rive r - 437.31 LF
Stre am - 1,718.15 LF
Tributary - 1871.99 LF
1 in = 433 ft
8/17/2020
³
WILMINGTON BELTLINEUP GRADES
WILMINGTON, NC34.257881, -77.944846
M&N P ERFORMED A WOTUS DELINEATION AND GP S LOCATING ON 04 MAY 2020. M&N’sDELINEATION HAS NOT BEEN VERIFIED BY THE USACE OR THE NCDWR. OUR FINDINGS HAVE NOTBEEN SURVEYED AND OUR EXHIBITS DO NOT REP RESENT A SURVEY. THIS EXHIBIT SHOULD BEUSED FOR P RELIMINARY P LANNING P URP OSES. STATE BUFFERS ARE NOT AP P LICABLE.HOWEVER, LOCAL STREAM/STORMWATER BUFFER REQUIREMENTS ARE AP P LICABLE. LOCALBUFFER AND STORMWATER REQUIREMENTS ARE NOT DEP ICTED ON THIS EXHIBIT.
August 26, 2020
C
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v
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Toomers Creek
WC
WB
WA
WD
SA WE
WG
WF
EXHIBIT 3-3
M&N Project No.
Title:
Client:
Approved By:Date:
Drawn By:MLHJRM
MLH
10436-02
Project:
Checked By:
^
Site Location
POTENTIAL WATERSOF THE US MAP
Legend
Site Bound ary
Potential Waters of the U.S. (Wetlands)
We tland s - 30.74 ac
Potential Waters of the U.S. (Rivers, Streams, Tribs)
Rive r - 437.31 LF
Stre am - 1,718.15 LF
Tributary - 1871.99 LF
1 in = 433 ft
8/17/2020
³
WILMINGTON BELTLINEUP GRADES
WILMINGTON, NC34.257881, -77.944846
M&N P ERFORMED A WOTUS DELINEATION AND GP S LOCATING ON 04 MAY 2020. M&N’sDELINEATION HAS NOT BEEN VERIFIED BY THE USACE OR THE NCDWR. OUR FINDINGS HAVE NOTBEEN SURVEYED AND OUR EXHIBITS DO NOT REP RESENT A SURVEY. THIS EXHIBIT SHOULD BEUSED FOR P RELIMINARY P LANNING P URP OSES. STATE BUFFERS ARE NOT AP P LICABLE.HOWEVER, LOCAL STREAM/STORMWATER BUFFER REQUIREMENTS ARE AP P LICABLE. LOCALBUFFER AND STORMWATER REQUIREMENTS ARE NOT DEP ICTED ON THIS EXHIBIT.
August 26, 2020
WE
WG
WF SB WH
WJ
EXHIBIT 3-4
M&N Project No.
Title:
Client:
Approved By:Date:
Drawn By:MLHJRM
MLH
10436-02
Project:
Checked By:
^
Site Location
POTENTIAL WATERSOF THE US MAP
Legend
Site Bound ary
Potential Waters of the U.S. (Wetlands)
We tland s - 30.74 ac
Potential Waters of the U.S. (Rivers, Streams, Tribs)
Rive r - 437.31 LF
Stre am - 1,718.15 LF
Tributary - 1871.99 LF
1 in = 433 ft
8/17/2020
³
WILMINGTON BELTLINEUP GRADES
WILMINGTON, NC34.257881, -77.944846
M&N P ERFORMED A WOTUS DELINEATION AND GP S LOCATING ON 04 MAY 2020. M&N’sDELINEATION HAS NOT BEEN VERIFIED BY THE USACE OR THE NCDWR. OUR FINDINGS HAVE NOTBEEN SURVEYED AND OUR EXHIBITS DO NOT REP RESENT A SURVEY. THIS EXHIBIT SHOULD BEUSED FOR P RELIMINARY P LANNING P URP OSES. STATE BUFFERS ARE NOT AP P LICABLE.HOWEVER, LOCAL STREAM/STORMWATER BUFFER REQUIREMENTS ARE AP P LICABLE. LOCALBUFFER AND STORMWATER REQUIREMENTS ARE NOT DEP ICTED ON THIS EXHIBIT.
August 26, 2020
£¤421
SB WH WI
WJ
WK
WJ
EXHIBIT 3-5
M&N Project No.
Title:
Client:
Approved By:Date:
Drawn By:MLHJRM
MLH
10436-02
Project:
Checked By:
^
Site Location
POTENTIAL WATERSOF THE US MAP
Legend
Site Bound ary
Potential Waters of the U.S. (Wetlands)
We tland s - 30.74 ac
Potential Waters of the U.S. (Rivers, Streams, Tribs)
Rive r - 437.31 LF
Stre am - 1,718.15 LF
Tributary - 1871.99 LF
1 in = 433 ft
8/17/2020
³
WILMINGTON BELTLINEUP GRADES
WILMINGTON, NC34.257881, -77.944846
M&N P ERFORMED A WOTUS DELINEATION AND GP S LOCATING ON 04 MAY 2020. M&N’sDELINEATION HAS NOT BEEN VERIFIED BY THE USACE OR THE NCDWR. OUR FINDINGS HAVE NOTBEEN SURVEYED AND OUR EXHIBITS DO NOT REP RESENT A SURVEY. THIS EXHIBIT SHOULD BEUSED FOR P RELIMINARY P LANNING P URP OSES. STATE BUFFERS ARE NOT AP P LICABLE.HOWEVER, LOCAL STREAM/STORMWATER BUFFER REQUIREMENTS ARE AP P LICABLE. LOCALBUFFER AND STORMWATER REQUIREMENTS ARE NOT DEP ICTED ON THIS EXHIBIT.
August 26, 2020
£¤421
WK WL
WJ Northeast Cape Fear RiverEXHIBIT 3-6
M&N Project No.
Title:
Client:
Approved By:Date:
Drawn By:MLHJRM
MLH
10436-02
Project:
Checked By:
^
Site Location
POTENTIAL WATERSOF THE US MAP
Legend
Site Bound ary
Potential Waters of the U.S. (Wetlands)
We tland s - 30.74 ac
Potential Waters of the U.S. (Rivers, Streams, Tribs)
Rive r - 437.31 LF
Stre am - 1,718.15 LF
Tributary - 1871.99 LF
1 in = 433 ft
8/17/2020
³
WILMINGTON BELTLINEUP GRADES
WILMINGTON, NC34.257881, -77.944846
M&N P ERFORMED A WOTUS DELINEATION AND GP S LOCATING ON 04 MAY 2020. M&N’sDELINEATION HAS NOT BEEN VERIFIED BY THE USACE OR THE NCDWR. OUR FINDINGS HAVE NOTBEEN SURVEYED AND OUR EXHIBITS DO NOT REP RESENT A SURVEY. THIS EXHIBIT SHOULD BEUSED FOR P RELIMINARY P LANNING P URP OSES. STATE BUFFERS ARE NOT AP P LICABLE.HOWEVER, LOCAL STREAM/STORMWATER BUFFER REQUIREMENTS ARE AP P LICABLE. LOCALBUFFER AND STORMWATER REQUIREMENTS ARE NOT DEP ICTED ON THIS EXHIBIT.
August 26, 2020
£¤74WL
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a
s
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F
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R
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SC
SD
Smit
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C
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Martin Luther King Jr PkwyWN
WO
WP
WM
EXHIBIT 3-7
M&N Project No.
Title:
Client:
Approved By:Date:
Drawn By:MLHJRM
MLH
10436-02
Project:
Checked By:
^
Site Location
POTENTIAL WATERSOF THE US MAP
Legend
Site Bound ary
Potential Waters of the U.S. (Wetlands)
We tland s - 30.74 ac
Potential Waters of the U.S. (Rivers, Streams, Tribs)
Rive r - 437.31 LF
Stre am - 1,718.15 LF
Tributary - 1871.99 LF
1 in = 433 ft
8/17/2020
³
WILMINGTON BELTLINEUP GRADES
WILMINGTON, NC34.257881, -77.944846
M&N P ERFORMED A WOTUS DELINEATION AND GP S LOCATING ON 04 MAY 2020. M&N’sDELINEATION HAS NOT BEEN VERIFIED BY THE USACE OR THE NCDWR. OUR FINDINGS HAVE NOTBEEN SURVEYED AND OUR EXHIBITS DO NOT REP RESENT A SURVEY. THIS EXHIBIT SHOULD BEUSED FOR P RELIMINARY P LANNING P URP OSES. STATE BUFFERS ARE NOT AP P LICABLE.HOWEVER, LOCAL STREAM/STORMWATER BUFFER REQUIREMENTS ARE AP P LICABLE. LOCALBUFFER AND STORMWATER REQUIREMENTS ARE NOT DEP ICTED ON THIS EXHIBIT.
SC
SD
WN
WO
WP
WM
August 26, 2020
SC
SD
Smith Cree
k
Martin Luther King Jr PkwyWN
WO
WP
WM
WQ
WR
SE
SE
EXHIBIT 3-8
M&N Project No.
Title:
Client:
Approved By:Date:
Drawn By:MLHJRM
MLH
10436-02
Project:
Checked By:
^
Site Location
POTENTIAL WATERSOF THE US MAP
Legend
Site Bound ary
Potential Waters of the U.S. (Wetlands)
We tland s - 30.74 ac
Potential Waters of the U.S. (Rivers, Streams, Tribs)
Rive r - 437.31 LF
Stre am - 1,718.15 LF
Tributary - 1871.99 LF
1 in = 433 ft
8/17/2020
³
WILMINGTON BELTLINEUP GRADES
WILMINGTON, NC34.257881, -77.944846
M&N P ERFORMED A WOTUS DELINEATION AND GP S LOCATING ON 04 MAY 2020. M&N’sDELINEATION HAS NOT BEEN VERIFIED BY THE USACE OR THE NCDWR. OUR FINDINGS HAVE NOTBEEN SURVEYED AND OUR EXHIBITS DO NOT REP RESENT A SURVEY. THIS EXHIBIT SHOULD BEUSED FOR P RELIMINARY P LANNING P URP OSES. STATE BUFFERS ARE NOT AP P LICABLE.HOWEVER, LOCAL STREAM/STORMWATER BUFFER REQUIREMENTS ARE AP P LICABLE. LOCALBUFFER AND STORMWATER REQUIREMENTS ARE NOT DEP ICTED ON THIS EXHIBIT.
August 26, 2020
Martin Luther King Jr PkwyWQ
WR
Burnt Mill Creek
SE
SE
EXHIBIT 3-9
M&N Project No.
Title:
Client:
Approved By:Date:
Drawn By:MLHJRM
MLH
10436-02
Project:
Checked By:
^
Site Location
POTENTIAL WATERSOF THE US MAP
Legend
Site Bound ary
Potential Waters of the U.S. (Wetlands)
We tland s - 30.74 ac
Potential Waters of the U.S. (Rivers, Streams, Tribs)
Rive r - 437.31 LF
Stre am - 1,718.15 LF
Tributary - 1871.99 LF
1 in = 433 ft
8/17/2020
³
WILMINGTON BELTLINEUP GRADES
WILMINGTON, NC34.257881, -77.944846
M&N P ERFORMED A WOTUS DELINEATION AND GP S LOCATING ON 04 MAY 2020. M&N’sDELINEATION HAS NOT BEEN VERIFIED BY THE USACE OR THE NCDWR. OUR FINDINGS HAVE NOTBEEN SURVEYED AND OUR EXHIBITS DO NOT REP RESENT A SURVEY. THIS EXHIBIT SHOULD BEUSED FOR P RELIMINARY P LANNING P URP OSES. STATE BUFFERS ARE NOT AP P LICABLE.HOWEVER, LOCAL STREAM/STORMWATER BUFFER REQUIREMENTS ARE AP P LICABLE. LOCALBUFFER AND STORMWATER REQUIREMENTS ARE NOT DEP ICTED ON THIS EXHIBIT.
AugAugust 26, 2020