20160253_Jurisdictional Determination_20130304

NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild, P. E.
Governor Director
March 4, 2013
Ms. Beth Reed
Kimley -Horn and Associates, Inc.
P.O. Box 33068
Raleigh, NC 27636 -3068
John Skvarla, III
Secretary
Subject: NCDOT TIP B -5360 (Bridge 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. Reed:
On February 21, 2013, the NC Division of Water Quality (NCDWQ) staff received notification that the
project area for the aforementioned project had been expanded by approximately 100 feet towards the east
in the vicinity of the bridge, encompassing an additional area of approximately 0.35 acres. Jurisdictional
features within the project area were originally verified by NCDWQ staff on April 24, 2012 and were
expressed in a corresponding letter dated May 10, 2012.
It was determined by Kimley -Horn and Associates, Inc. and the NCDOT that no new jurisdictional
features were present within the expanded project area, rather just slight increases in the amount of
existing jurisdictional features within the expanded project area.
This letter serves to acknowledge that there are no new additional jurisdictional features located within
the expanded project area. The initial jurisdictional letter, dated May 10, 2012, is still valid and
applicable and correctly identifies jurisdictional features within the project area as well as the expanded
project area.
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 or 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 perrnittee 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
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 \ FAX [phone]
Internet. www.ncwaterguality.org
An Equal Opportunity 1 Affirmative Action Employer
NorthCarolina
Aatllrallbl

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 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: (919) -431 -3000, Facsimile: (919) -431 -3100
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
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 David Wainwright at
(919)807 -6405 or David. Wainwright @ncdenr.gov.
Sincerely,
David Wainwright
Attachments: Signed map showing expanded project area
cc: Ronnie Smith, US Army Corps of Engineers — Wilmington Regulatory Field Office
Art King, Division 8 Environmental Officer
Deanna Riffey, NCDOT, Natural Environmental Section
Rachelle Beauregard, NCDOT, Natural Environmental Section
NCDWQ Wetlands 401 Transportation permitting Unit File Copy

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