20230493_2023-001_Stream Call_4358 Bridges Street_Carteret_Appeal

North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1617 Mail Service Center Raleigh, North Carolina 27699-1617
919.707.9000
May 4, 2023
DWR Project # 20230493 Carteret County Medical Park Partners, LLC Attn: Todd Fischer 17 Office Park Drive Jacksonville, NC 28546
Subject: Appeal of Stream Determination for in accordance with the standardized “Methodology for Identification of Intermittent and Perennial Streams and Their Origins”
Project: 4358 Bridges Street
Address: 4358 Bridges Street, Morehead City
Location: Lat., Long: 34.731720, -76.775491 Dear Mr. Fischer: On April 5, 2023, the Division of Water Resources (DWR) received a request from Davey Resources Group on behalf of Medical Park Partners, LLC, to appeal an on-site Stream Determination made by DWR. On April 27, 2023, Stephanie Goss and Shelton Sullivan of DWR conducted an on-site inspection of the feature on the site in accordance with the standardized “Methodology for Identification of Intermittent and Perennial Streams and Their Origins” which includes the North Carolina Stream ID Manual Version 4.11. Christian Preziosi and John Perry of Davey Resource Group accompanied DWR during the site visit. The enclosed maps depict the feature evaluated and this information is also summarized in the table below. Features were evaluated for being ephemeral, and at least intermittent
This letter only addresses the applicability of the stated regulations on the features identified
on the subject property and/or within the proposed project area. This letter does not approve
any activity within waters of the state. There may be other regulated waters, streams or other
features located on the property or adjacent property that do not appear on the maps
referenced above. Any waters, streams, or other features on the site, including the features
identified in this letter, may be considered jurisdictional according to the US Army Corps of
Engineers and subject to the Clean Water Act. Please note that the DWR acknowledges all
areas and boundaries identified by the US Army Corps of Engineers as jurisdictional waters
and/or wetlands. The following table lists the features observed and evaluated for the appeal determination during the DWR site visit. See the attached maps for reference. Table 1: Features observed by DWR. (See Maps)
Page 2 of 7 4358 Bridges Street DWR # 20230493

Feature ID
Feature Type:
stream
(ephemeral,
intermittent,
perennial), ditch,
swale, wetland,
other
Start @ Stop @ Depicted on
Soil Survey
Depicted on
USGS Topo
Feature 1 Stream Intermittent DWR Flag: at ~ 34.731391, -76.774794 Continues off property No No

This appeal stream determination replaces the determination originally performed by the
Division as documented in their letter dated February 6, 2023, attached for reference. This
appeal determination shall expire five years from the date of this letter.
This appeal stream determination is final and binding and can be contested as provided in
Chapter 150B of the North Carolina General Statutes by filing a Petition for a Contested Case
Hearing (Petition) with the North Carolina Office of Administrative Hearings (OAH) within
sixty (60) calendar days. Requirements for filing a Petition are set forth in Chapter 150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Codes. Additional information regarding requirements for filing a Petition and Petition forms may be accessed at http://www.ncoah.com/ or by calling the OAH Clerk’s Office at [phone]. A party filing a Petition must serve a copy of the Petition on: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 Any inquiries regarding applicability to Section 404 of the Clean Water Act should be directed to the US Army Corps of Engineers Wilmington Regulatory Field Office at [phone]. If you have any additional questions or require additional information, please call Shelton Sullivan with the DWR at [phone] or [e-mail]. Sincerely, Stephanie Goss, Supervisor 401 & Buffer Permitting Branch Attachments: Site Map, Photo(s), NRCS Soil Survey, USGS Topographical Map, Stream Rating Form(s), DWR Original Stream Call Letter from 2/6/2023 cc: 401 & Buffer Permitting Branch project file Michael Mellinger, DWR Wilmington Regional Office, via email Christian Preziosi, Davey Resource Group, via email Filename: 20230493_Appeal Decision_4324 Bridges Street_Carteret
Page 3 of 7 4358 Bridges Street DWR # 20230493

NRCS Soil Survey
USGS Topographic Map

Page 4 of 7 4358 Bridges Street DWR # 20230493

Site Map

Photo: Stream Feature 1 Start Point

Revised Stream Feature 1
Approximate Start Point
Page 6 of 7 4358 Bridges Street DWR # 20230493

DWR Stream Form: Feature 1 Upstream of Start Point

Page 7 of 7 4358 Bridges Street DWR # 20230493

DWR Stream Form Downstream of Feature 1 Start Point

919.707.9000

Wellons Grandchildren, LLC
Gaye Wellons Mashburn
PO Box 1018
Morehead City, NC 28557
February 6, 2023

DWR 2023-001
Carteret County

Subject: On- Site Determination for Stream Features [15A NCAC 02B .0610]
Site Address / Location: 4324 Bridges Street Extension Morehead City, NC 28557
Dear Mr. Wellons:
On January 25, 2023, DWR staff, Holley Snider and Michael Meilinger, conducted an on-site review of
features located on the subject property to determine the applicability of the above-noted state
regulations.

The attached maps depict the location of the features that were evaluated during our site visit. The
attached initialed and dated sketch accurately depicts all Division stream determinations conducted
during the site visit. The stream feature labeled with a purple line starting at the pin location at
34.73160, -76.77514 shows the ephemeral/intermittent point of this feature. Downstream of this point
has been identified as a jurisdictional stream.

This on-site determination shall expire five (5) years from the date of this letter. The owner (or future
owners) should notify the Division (and other relevant agencies) of this decision in any future
correspondences concerning this property. Landowners or affected parties that dispute this
determination made by the Division may request a determination by the Director of Water Resources.
This determination is final and binding, unless an appeal request is made within sixty (60) calendar
days of the date of this letter to the Director in writing.

If sending via U.S. Postal Service:
Katie Merritt - DWR 401 & Buffer
Permitting Branch Supervisor
1617 Mail Service Center
Raleigh, NC 27699-1617
If sending via delivery service (UPS, FedEx, etc.)
Katie Merritt - DWR 401 & Buffer
Permitting Branch Supervisor
512 N Salisbury St.
Raleigh, NC 27604

North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1617 Mail Service Center Raleigh, North Carolina 27699-1617
DocuSign Envelope ID: B158EB38-1122-4ACB-A757-AD7F90F6A512
DWR # 2023-001
4324 Bridges St. Ext. Morehead City
Carteret County
Page 2 of 5
North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1617 Mail Service Center Raleigh, North Carolina 27699-1617
919.707.9000

The owner/future owners should notify the Division (including any other local, state and federal agencies)
of this determination concerning any future correspondence regarding the subject property. This project
may require a Section 404/401 Water Quality Certification for the proposed activity.

This letter only addresses the features on the subject property and/or within the proposed project
area and does not approve any activity within buffers or within waters of the state. There may be
other streams or features located on the property that do not appear on the attached maps. Any of the
features on the site may be considered jurisdictional according to the US Army Corps of Engineers and
subject to the Clean Water Act. If you have any additional questions or require additional information,
please contact Michael Meilinger at 910-796-9577 or [e-mail]. This
determination is subject to review as provided in Articles 3 & 4 of G.S. 150B.

Sincerely,

Morella Sanchez-King
Regional Operation Supervisor
Wilmington Regional Office

Enclosures: USGS Topographical Map, NRCS Soil Survey, Site Map, Site Map with Lidar
cc: Roy Brownlow, Tidewater Associates (via email)
Tom Charles, USACE Wilmington Regulatory Field Office (via email)
DWR LF files
Filename: Stream Call_4324 Bridges St Ext_Morehead City_CarteretCo_Jan.23
DocuSign Envelope ID: B158EB38-1122-4ACB-A757-AD7F90F6A512
DWR # 2023-001
4324 Bridges St. Ext. Morehead City
Carteret County
Page 3 of 5
North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1617 Mail Service Center Raleigh, North Carolina 27699-1617
919.707.9000

USGS Topo Map

NCRS Soil Survey
DocuSign Envelope ID: B158EB38-1122-4ACB-A757-AD7F90F6A512
DWR # 2023-001
4324 Bridges St. Ext. Morehead City
Carteret County
Page 4 of 5
North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1617 Mail Service Center Raleigh, North Carolina 27699-1617
919.707.9000

Site Map
DocuSign Envelope ID: B158EB38-1122-4ACB-A757-AD7F90F6A512
DWR # 2023-001
4324 Bridges St. Ext. Morehead City
Carteret County
Page 5 of 5
North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1617 Mail Service Center Raleigh, North Carolina 27699-1617
919.707.9000

Site Map with LIDAR
DocuSign Envelope ID: B158EB38-1122-4ACB-A757-AD7F90F6A512
Stream Origin/Buffer Applicability Determination
Processing Information
Please note: fields marked with a red asterisk * below are required. You will not be able to submit the form until all
mandatory questions are answered.
Project Name:*
Is this a transportation project?*
Is this request for a mitigation site?*
What type of request is this?*
Owner/Applicant Information
Owner Information
Is there an agent or consultant responsible for the request?*
Attach agent authorization letter:*
4324 Bridges Street Extension Property
Yes No
Yes No
Buffer IP Stream Determination
Isolated Wetland Stream
Check all that apply.
Name on the Recorded Deed:*
Responsible Party :
Telephone Number:
How would you like to received your determination?*
Mailing Address:*
Wellons Grandchildren, LLC
Gaye Wellons Mashburn
(for LLC, Corporations, businness, agency, etc.)
252.726.2151 ext 4
USPS Email
City
Morehead City
State / Province / Region
NC
Postal / Zip Code
28557
Country
USA
Street Address
POB 1018
Address Line 2
Yes
No
Bridges St Ext Agent
Authorization_Signed.pdf 28.31KB
PDF only
Agent/Consultant Information
How would you like to receive your
determination letter?*
Name of Agent:*
Company Name:*
Email Address:*
Project and Site Information
Has anyone form DWR done a previous site visit?*
Date of Visit:
Nearest Highway/Street:*
Nearest Town:*
Nearest Named Stream:*
River Basin:*
County:*
Please attach a map of the site indicating project boundaries on the USGS 1:24,000 Topo.
TOPO map look up: hps://viewer.naonalmap.gov/basic/
Please attach a map of the site indicating project boundaries on the NRCS Soil Survey.
Soil Survey Link: https://www.nrcs.usda.gov/wps/portal/nrcs/surveylist/soils/survey/state/?stateId=NC
Agent/Consultant Information
USPS
Email
Roy Brownlow
Tidewater Associates, Inc.
[e-mail]
Project Information
Yes
No
Other
Site Information
Bridges Street Extension
Morehead City
Unnmamed Tributary to Peltier
Creek
White Oak
Carteret
Click the upload button or drag and drop files here to attach document
Bridges St Ext USGS Topo.pdf 889.44KB
Pdf file type only
Click the upload button or drag and drop files here to attach document
4324 Bridges St Ext Soils Map.pdf 756.84KB
Pdf file type only
Latitude and Longitude
Please provide the Latitude and Longitude for physical location for the determination that. If you have a physical
address you can look up the Latitude and Longitude by typing in an address or filling out the information
manually.
Choose below how you would like to
provide this information.
Latitude:
Longitude:
Misc attachments:
Sign and Submit
By digitally signing below, I certify that:
I have given true, accurate, and complete information on this form;
I agree that submission of this form is a “transaction” subject to Chapter 66, Article 40 of the NC General Statutes (the
“Uniform Electronic Transactions Act”)
I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes
(the “Uniform Electronic Transactions Act”);
I understand that an electronic signature has the same legal effect and can be enforced in the same way as a written
signature; AND
I intend to electronically sign and submit the "Determination Request" form.”
Signature *
Address Lookup
Manually
34.43.52.47
-76.46.27.33
Bridges St Ext LiDAR map.pdf 606.63KB
Bridges St Parcel Map.pdf 792.38KB
pdf or kmz file types only