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HomeMy WebLinkAboutBridge 003 on NC 45��� ���� NCDENR No�th Carc�lina D�pa�tment af Environmen# and Natura9 Resources Pat McCrory Governor August 12, 2415 Mr. C1ay Willis NCDOT, I3EVision One 1 13 Airport vrive, Suite 100 Edenton, NC 27932 Subject: Brad�e # 3 on NC 45, Washington Cou�ty Unnamed Canal [Tar-I'azmlico Basin, C, Sw, NSW] Donaltl R. van der Vaart Secretary On-Site Determinatian far App9icability to the Tar-Pamlico Buffer Rules (15A NCAC 2B .0259). On-Site Determination for Appiica�ility to the Mitigation Rules {15A NCAC 2H .45�6[h]) Dear Mr. Willis: On August 1 l, 2015, at your rec�uesx, Garcy Ward, NC Division of Water Resource (NCDWR) staff, canducted an on-site determination to review ihe draina�e feature loeated at Bridge # 3on NC 45 in Washin�ton County for applicability to the Tar-Yamlica Itiver }�uf#er Rules and for applicability to the mitigatio� rules (15A NCAC 2H .0506[h�). The drainage feature is approximated on the attached ma� initialed and dated August l2, 2014. NCDWR has det�rmined Chat the stream feature labeled as "eanal" on the attached map is Not Subject from where it begiras in the Tar-Pamlico Basin to wher� it crosses uzader Bradge # 3 on NC 45 near the intersection with Railroad Bed Koa�. Please nate that this letter only addresses appiicability to ti�e Tar-Pamlico E3uffer �ules at th� site specifically marked an the attached map and does nc�t apply to reaches af the channel �or drainage featureJ further downstream from the NCDOT pr�ject area, or to any other drainage features in the �icinity. The owner (or future owners) or permittee should notify NCDWR {and other relevant agencies) of this determin�tian in any future correspandences concerning �his property andfor project. This on-site determination shall expire five (5) years from the date of this letter. Landowners or affected �arties 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 requesE a determination by the Directof. A request for a determina4ion by the E]uector shall be referred to the L7irector En writing c/o Amy Chapman, NCDWR Wetlands/401 Unit, 1617 Mail Service Cer�ter, Raleigh, NC 27699-1617. lndividuals t�hat dispute a determination by IVCDWR or Delegated l,ocal Auth�rity that "exempts" a suriace water frnm the mitigation rules may ask for an adjudicatory hearing. You rrEay obtain the petition fc�rm fr�m the of�ce of Adnainistrative hearings. You must fle the petition with the office of Administrative Hearin�s within sixty (60) days of receipt of this notice and the date the affecEed party (includrng downstream and adjacent faz�downers) is notified r�f this decision. A petitic�n is conssdered filed when it is received in the office af Administrative Hearin�s during norrna[ of�ce hours. The Uffice of Administrative Hearings accepts fiiiings Moreday Ct�rough Friday between the hours of 8:OOam and S:OOpm, except for official state holidays. The original and one (1) copy of the petition must be filed with the f�ffice of Administrative Hearings. 1617 Mail Service Genter, Raleigh, Norlh Carolina 27Fa99-1617 Phone 919-807-63flQ 1 Internet: www.ncdenr.gov An Equal Oppo�tunity 1 Affirmative Action Employer "�he petition rs�ay be faxeci-prc�vided the ori�inal and one copy o�the docum�nt is received by tf�e �fface of Administrative Hearin�s within five (5) i�usiness days foliowing the faxed transmission. The mailing address fnr the Office of Administrative Hearings is: Office of Administrative Hearings 6714 Mai� Servic� Center Raleigh, P�]C 27699-6714 Telephone: (9I9)-431-3000, Facsimile: (919)-431-310i1 A copy o�the petitior� must also be served an DENR as follows: Mr. Sam M. Hayes, General Caunsel Department of Environment and Natural Resources f 6(l1 Mail Seruice Center This determinatic�n is final and binding unless you ask for a hearing within 60 days. If you have any additional g�aestions or require additianal information please call Garcy Ward at 252�448-3917ar Garcy. ward@ncdenr.gov. �incerely, ;r / �,: ��;at„_,°.57,,. ' J j ,:i,!3,�. :' 1 -�= , S. !ay Zirnmerni�n, P.G. Birector, Division of Water Resources Attachments: map Electronic copy on�y distribution: "iracey Wheeler, US Army Corps of En�ineers, Washington Field Office NC Divisian of Water Resources Ralei�h Centrat Offtce File Copy Bridge Repl�cem�nt # 43 on NC 45 A�ricult�ral Canal Washiragton Caunty C�uad Name Pike Road � {�.5 1 2 Mi�es I � i i I � i i I T J