U-5710 DWR Streams Determination July 18

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
Environmental
Quality
July 3, 2018
Mason Herndon, Environmental Program Supervisor
NC DOT Division 3
5501 Barbados Blvd.
Castle Hayne, NC 28429
Subject: NCDOT TIP # U-5710, New Hanover County
UT to Bradley Creek, in the White Oak Basin
Stream Index No. 18-87-24-4-(1), Stream Classification SC; HQW
LINDA CULPEPPER
Interim Director
On -Site Determination for Applicability to the Mitigation Rules (15A NCAC 2H .0506[h])
Dear Mr. Herndon:
On May 3, 2018, at your request and in your attendance, Joanne Steenhuis, NC Division of Water
Resource (NCDWR) staff, conducted an on -site determination to review drainage features located near
the intersection of US 74 (Eastwood Road) and SR 1409 (Military Cutoff Road) for applicability to the
mitigation rules (15A NCAC 2H .0506[h]). The drainage features are approximated on the attached map
initialed and dated July 3, 2018.
Stream
Stream Name
River Basin
Stream
Classification(s)
Index
Number
UT to Bradley Creek (SA)
White Oak
SC; HQW
18-87-24-4-
1
UT to Wrightsville Recreational Area
White Oak
SB
18-87-24
SB
On the stream listed as `SB' the channel is a concrete lined channel that runs through Lions Gate and
under the adjacent shopping center and goes under US 74 (Eastwood Road). Please note that no other
features at the site were evaluated on site by NCDWR.
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 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.
The owner (or future owners) or permittee should notify NCDWR (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.
- ">—Nothing Compares"
Slate of North Carolina I Environmental Quality
1617 Mail Service Center I Raleigh, North Carolina 27699-1617

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: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: [phone], Facsimile: [phone]
A copy of the petition must also be served on DEQ as follows:
Mr. Bill F. Lane, General Counsel
Department of Environmental Quality
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 contact me at (910) 796-
7306 [e-mail].
aane Steenhuis, Environmental Senior Specialist
Division of Water Resources
Transportation Permitting Branch
Division of Water Resources, NCDWR
Attachment: Figure 3
Electronic copy only distribution:
Brad Shaver, US Army Corps of Engineers, Wilmington Field Office
File Copy

r Potential Weiland Waters of the US
, Feet 511 _ !•" SA- Potential
.�� Y� Non -Wetland Waters
of the US
SA -Potential Non -Wetland (Intermittent Stream)
Waters of the US j
y` x+ "^ (Perennial Stream)
.�• <y �'`��"° �I+ }r - WB-Potential
Wetland Waters
X'17t of the US
It
k7
SA -Potential Non -Wetland-
Waters of the US
► "��'� '� ,{WA -Potential
(
Perennlal Stream) a r „
� ,. � a •�� ,mot ", N t�`ii` p Wetland Waters ..-
t`.- t(.• : %' h� fig, ,�,,�,' ,ti �'
ye y 4 1
� 4 P �„ •�h�.,� lj w{���'ggFi+i,r y1,�,��• R�Y+ F "(.
t 1 #14
F •��t � � x � � 9F fiy a
74
y4
s�
F1(
IT
Ilk
tA
r /
r} ►i' 1�►
9 � •
^a:it r
is
11
° J .'. i 4 ^q*�� •1. YYC:
NORTH CAROLINA DEPARTNENT OF
SB_ P tentia TRANSPORTATION
P4 Non -Wetland Waters �".. ' ' ' '
S of the US ny '
j�y o`y (Perennial Stream)WILMINGTON
INTERSECTION I ` I
CUTOFF
RD)NEW HANOVER COUNTY
�f•�fJ1• ,. �l4 4,
t �'.: .•'� ��;�Qla -. .... - .