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