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Home My WebLink About20130259 Ver 1_Site Plan_20120817NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E Governor Director August 17, 2012 Mr. Stoney Mathis NCDOT Division 3 5501 Barbados Blvd. Castle Hayne, NC 28429 Subject: NCDOT proposed intersection improvements at NC 210 and NC 172, Sneads Ferry, Onslow I County, WBS# 43518 Cape Fear River Basin, 03020302 On -Site Determination for Applicability to the Mitigation Rules (15A NCAC 2H .0506(h) Dear Mr. Mathis: On July 12, 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 at the intersection of NC 210 and NC 172 in Onslow County for applicability to the mitigation rules (15A NCAC 2H .0506(h)). The drainage features are approximated on the attached map signed and dated August 17, 2012. Feature ID Feature Map Page Feature Type DWQ Stream Type Stream Mitigation Required DA Fig.3 Ditch N/A No -Z s5 Dee Freeman Secretary This letter only addresses the features listed above that were visited on July 12, 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 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 David Wainwright, 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) Transportation and Permitting Unit 1650 Mall Service Center, Raleigh, North Carolina 27699 -1617 Location: 512 N Salisbury St. Raleigh, North Carolina 27604 Phone: 919 - 807 -63001 FAX. 919 -807 -6492 Internet www.nmaterouality.oro An Equal Opportunity 1 Affirmative Acton Employer rthCarolina Wura!!ff 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 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.herndon @ncdenr.gov. Sincerely, f� Mason Herndon Attachments: signed map ec: Brdd Shaver, US Army Corps of Engineers — Wilmington Regulatory Field Office NCDWQ Wetlands 401 Transportation permitting Unit File Copy Department of Environment and Natural Resources Project Review Form j I Project Number: 13 -0041 County: Jones and Onslow Date Received: 07/26/2012 Due Date: Project Description: Record of Decision - For Your Information - No Comments Requested. Proposed project is for improvements to US17 from SR1330/SR1439 - Belgrade to New Bern in Jones and Onslow Counties; TIP -R2514 BCD t This Project is being reviewed as indicated below: Regional Office Regional Office Area In -House Review Asheville Air Marine Fisheries Fayetteville Water ✓ Coastal Management Mooresville Aquifer Protection Water Resources Mgmt Raleigh Land Quality Engineer Water Supply Section Washington ✓ Parks & Recreation Wilmington Water Quality Winston -Salem ✓ Water Quality - DOT ,Wildlife v Wildlife - DOT Manager Sign- Off/Region: Response (check all applicable) No objection to project as proposed Waste Mgmt Air Quality No Comment In -House Reviewer /Agency: Insufficient information to complete review _ Other (specify or attach *comments) If you have any questions, please contact: Melba McGee, Environmental Coordinator at Melba.McGee(a-),ncdenr.aov 9 rL9 ((3;IL71�IF!�tG e AiG.1 32012 OENR -WATER WAU Y WETLANDS kNt? S'C:�aRryt,A,TER BpGN�F! N �R. Go C.A {� g.� x s3 m y t /! .E ��+�� Y� ' ray i� _ '.A • Ilk Ilk '.i 'o I mi� S � al Project: ER12052.05 Jurisdictional Features < D June 2012 NC 210 / NC 172 Intersection (Four Corners) rwn Onslow County, North Carolina D kd: KT /RT Figure: 3