U-5713 stream determination letter

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DONAI�D R. VAN DER VAART
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S. JAY ZIMMERMAN
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June 3, 2016
Brian Dustin
Calyx
6750 Tryon Road
Cary, NC 27518
Subject: NCDOT TIP No. U-5713, Improvements to US 70 from SR 1121 to the Neuse River Bridge
in James City, Craven County; Neuse River Basin, HUC 03020204
On-Site Determination for Applicability to the Neuse Buffer Rules (15A NCAC 2B.0233). On-Site Determination for
Applicability to the Mitigation Rules (15A NCAC 2H .0506[h])
Dear Mr. Dustin:
On April 18, 2016, at your request and in your attendance, Garcy Ward, NC Division of Water Resource (NCDWR)
staff, conducted an on-site determination to review drainage features located adjacent to US 70 in James City,
Craven County for applicability to the Neuse River buffer Rules and for applicability to the mitigation rules (ISA
NCAC 2H .0506[h]). The drainage features are approximated on the attached map initialed and dated June 3, 2016.
The drainage features within the project corridor based on the revised JD packet dated April, 2016 are as follows:
On USGS On Soil Subject to
Feature ID Stream Name ma Ma Stream Type Buffer Rules
SA UT to Scotts Creek es es erennial es
SB —section south of UT to Neuse River no yes ephemeral no
Selover Ave.
SB- section north of UT to Neuse River intermittent
Selover Ave no yes yes
SC Scotts Creek es es erennial es
SD UT to Brice Creek es yes intermittent yes
SE Scotts Creek yes yes erennial yes
SF UT to Scotts Creek yes yes perennial yes
SG Scotts Creek es es erennial es
PB Communit Lake es es ond es
Please note that only the stream features listed in the above table and shown on the attached map were evaluated.
Also, this letter only addresses applicability to the Neuse Buffer Rules at the site specifically marked on the attached
map and does not apply to reaches of the channel [or drainage feature] further downstream or upstream from the
NCDOT project area, or to any other drainage features in the vicinity.
This letter only addresses the applicability to the mitigation rules and the buffer rules and does not approve any
activity within the buffer, Waters of the United States, or Waters of the State. Any impacts to wetlands, streams and
buffers must comply with the Neuse Buffer Rules, 404/401 regulations, water supply regulations (15A NCAC 2B
.0216), and any other required federal, state and local regulations. Please be aware that even if no direct impacts are
proposed to the protected buffers, sheet flow of all new stormwater runoff as per 15A NCAC 2B.0233 is required.
State of North Cazolina �Environcuental Quality � Water Resources
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Phone;919-807-6300

1__.__.__
The owner (or future owners) or permittee should notify NCDWR (and other relevant agencies) of this
determination in any future correspondences concerning this properiy 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, 1617 Mail Service Center, Raleigh, NC 27699-1617.
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:OOam and S:OOpm, 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: [phone]
A copy of the petition must also be served on DEQ as follows:
Mr. Sam M. Hayes, General Counsel
Department of Environmental Quality
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 additionai information please call Garcy Ward at 252-946-6481 or
garcy. ward@ncdenr. go v.
Sincerely,
�i'�C?�t,C�.e�, !//. ��
CJ
��-� S. Jay Zimmerman, Director
Division of Water Resources
Attachments: map
Electronic copy only distribution:
Tom Steffens, US Army Corps of Engineers, Washington Field Office
Chris Rivenbark, NC DOT, Natural Environment Section
File Copy

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