20081486 Ver 1_Jurisdictional Determination_20140507

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

May 7, 2014

Robert Turnbull
Environmental Services, Inc.
524 New Hope Road
Raleigh, NC 27610

Subject: NCDOT R-5023B&C, NC 53, Onslow County.
White Oak River Basin.

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

Dear Mr. Turnbull:

On March 5, 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 along NC 53 in Onslow
County for applicability to the mitigation rules (15A NCAC 2H .0506(h)). The drainage features are approximated
on the attached map initialed and dated May 7, 2014.

Feature
ID
Feature Map
Page
Feature
Type
DWQ Stream
Type
Stream Mitigation
Required
SA1 3b Stream Intermittent Yes
SA2 3b Stream Intermittent Yes
SB1 3b Tributary N/A No
TC 3c Tributary N/A No
SC1 3d Tributary N/A No
SC2 3d Ditch N/A No
SD 3d Ditch N/A No

This letter only addresses the features listed above that were visited on March 5, 2014. 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 not 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 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. Lacy Presnell, 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
Transportation Permitting Unit

Attachments: signed map

cc: Brad Shaver, US Army Corps of Engineers – Wilmington Regulatory Field Office (electronic copy only)
Sonia Carrillo, NCDWR Central Office
Stoney Mathis, Division 3 DEO
NCDWR Wetlands 401 Transportation permitting Unit File Copy
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and is not suitable for legal or engineering purposes.
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*Location and Extent is approximate.
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