20201515_Email_20140923

R-2561 Stream Determination
Page 1 of 1
R-2561 Stream Determination
Herndon, Mason
Sent: Tuesday, September 23, 2014 10:40 AM
To: Phil May [[e-mail]]; Hair, Sarah E SAW ([e-mail]); Rerko, James J; Manley,
Chris; Carrillo, Sonia
Attachments: R-2561_Riegelwood Bypass A-1.pdf (1 MB)
Please find attached the DWR stream determination letter and signed maps for the
expanded study area associated with the proposed Riegelwood Bypass Alt. of the R-
2561 project in Columbus and Bladen Counties. This determination is based on the
field verifications that were held on February 24, April 22 and June 9, 2014.
If you have any questions or, comments, please do not hesitate to contact me.
Thanks!
MH
Mason Herndon
NCDENR, Division of Water Resources
Transportation Permitting Unit
Fayetteville/Wilmington Region
[e-mail]
Phone: [phone],1
E-mail correspondence to and from this address may be subject to the
North Carolina Public Records Law and may be disclosed to third parties.
n
https://mail.nc. gov/owa/?ae=Item&t=IPM.Note&id=RgAAAADMSzLcd9 W2TJHI4%2bm... 9/29/2014

North Carolina Department of Environment and Natural Resources

Pat McCrory John E. Skvarla, III
Governor Secretary

Transportation and Permitting Unit
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604
Phone: [phone] \ FAX: [phone]
Internet: www.ncwaterquality.org

An Equal Opportunity \ Affirmative Action Employer

September 23, 2014

Phillip May
Carolina Ecosystems, Inc.
3040 NC Hwy 42 West
Clayton, NC 27520

Subject: NCDOT TIP No. R-2561; widening of NC 87 from existing Elizabethtown Bypass to
existing US 74/76, Bladen and Columbus Counties.
Cape Fear River Basin, Sub-basin 03-06-17.

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

Dear Mr. May:

On February 24, April 24 and June 9, 2014, at your request and in your attendance, Mason Herndon, NC Division of
Water Resource (NCDWR) staff, conducted an on-site determination to review drainage features located within the
proposed study area for the Riegelwood Shallow Bypass option of the R-2561 project for applicability to the
mitigation rules (15A NCAC 2H .0506(h)). The drainage features are approximated on the attached map initialed
and dated September 23, 2014.

Feature
ID
Feature Map
Sheet
Feature
Type
Latitude/Longitude DWQ Stream
Type
Stream
Mitigation
Required
S45 (Livingston Creek) Figure 3 Sheet 5 Stream 34.3256, -78.2150 Perennial Yes
S46 (Lindscomb Branch) Figure 3 Sheet 5 Stream 34.3242, -78.2155 Perennial Yes
SA Figure 3 Sheet 3 Stream 34.3411, -78.2181 Perennial Yes
SB Figure 3 Sheet 3 Stream 34.3450, -78.2178 Intermittent Yes
TA Figure 3 Sheet 5 Tributary 34.3290, -78.2168 N/A No

This letter only addresses the features listed above that were visited on February 24, April 24 and June 9, 2014.
Please note that no other features at the site were evaluated. 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 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.

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, 1650 Mail Service Center, Raleigh, NC 27699-1650.

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: (919)-431-3100

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

Mr. John Evans, 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 me at [phone] or
[e-mail].

Sincerely,

Mason Herndon
Division of Water Resources

Attachments: signed maps

cc: Liz Hair, US Army Corps of Engineers – Wilmington Regulatory Field Office (electronic copy only)
Jim Rerko, NCDOT Division 6 Environmental Officer
Chris Manley, NCDOT Natural Environment Section (electronic copy only)
NCDWR Wetlands 401 Transportation permitting Unit File Copy
Sheet 2
Cedar Dr
S
B
John L Riegel Rd
Forest Dr
PG
PB
PA
WZI
WZK
WZL
WZM
WZH
SA
SA
3040 NC 4 2 We st ; Clayto n NC, 275 20P:(91 9)-60 6-9145 F:(9 19)-5 85-55 70
Ju ne 2 01 4 ³0 200100Fee t
Figure 3: Jurisdictional Features Sheet: 3Study Ar ea
Map S heet Lim its
Wetland s
Pond s
Peren nial Str eams
Inter mit tent St ream
Tr ibut ary
TIP R-2561NC 87 Riegelwood BypassColumbus County, NCNC 201 0 S tatew ide A eria l Ph otog raph s
9/23/14
N
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WZD
WZD
WZD
TA
WDL
Old 87 Rd
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WDJ
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3040 NC 4 2 We st ; Clayto n NC, 275 20P:(91 9)-60 6-9145 F:(9 19)-5 85-55 70
Ju ne 2 01 4 ³0 200100Fee t
Figure 3: Jurisdictional Features Sheet: 5Study Ar ea
Map S heet Lim its
Wetland s
Pond s
Peren nial Str eams
Inter mit tent St ream
Tr ibut ary
TIP R-2561NC 87 Riegelwood BypassColumbus County, NCNC 201 0 S tatew ide A eria l Ph otog raph s
9/23/14