U 5903 off Henderson Dr.pdf

North Carolina Department of Environmental Quality
Pat McCrory
Governor
October 31, 2016
Environmental Services, Inc.
Attn:Jeff Harbour
524 S. New Hope Road
Raleigh, NC 27610
Subject: NCDOT U-5903 off Henderson Drive, Onslow County.
Two (2) UTs to Mill Creek, White Oak Basin, SC; NSW
Donald R. van der Vaart
Secretary
On-site Determination forApplicability to the Mitigation Rules (15A NCAC 2H .0506(h))
Dear Mr. Harbour:
On October 7, 2016, at your request, Joanne Steenhuis, NC Division of Water Resources (NCDWR) staff,
conducted an on-site determination to review drainage features located on U-5903 on State Road 1336 (SR
1336) Henderson Drive in Onslow County for applicability to the mitigation rules (15A NCAC 2H .0506(h)).
The drainage features are approximated on the attached map [NC 53 (Western Blvd.) SR 1336 (Henderson
Drive) Improvements] initialed and dated October 31, 2016.
Feature ID Feature Map Feature Type DWR Stream Type Stream Mitigation
Required
SA NC 53 (Western Blvd.) SR 1336 stream Perennial Yes
(Henderson Drive) Improvements
SB NC 53 (Western Blvd.) SR 1336 stream Perennial Yes
(Henderson Drive) Improvements
This letter only addresses the features listed above that were visited on October 14, 2016. 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. Amy 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.
1601 Mail Service Center, Raleigh, NoAh Carolina 27699-1601
Phone: 919-707�6001 Inlernet: vnvw.ncdenr.qov
M Equal Opporlunity I Afirmative Aclion Employer- Made in parl by recycted paper

Environmental Services
Attn: Jeff Harbour
DOT U-5903
October 31, 2016
Page 2 of 3
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 is subject to the mitigation rule 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 a petition form from
the office of Administrative Hearings (OAH). You must file the petition with the OAH 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 OAH during normal office
hours. The OAH accepts filings Monday through Friday between the hours of 8:00 A.M. and 5:00 P.M.,
except for official state holidays. The original and one (1) copy of the petition must be filed with the Office
ofAdministrative Hearings.
The petition may be faxed to the OAH at [phone], provided the original and one copy of the petition
along with any applicable OAH filing fee is received by the OAH within five (5) business days following the
faxed transmission.
Mailing address for the OAH:
If sending via US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
If sending via delivery service (UPS, FedEx,
etc.J:
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to DEQ:
Sam M. Hayes, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
This determination is final and binding unless you ask for a hearing within sixty (60) days.

Emironmental Services
Attn: Jeff Harbour
DOT U-5903
October 31, 2016
Page 3 of 3
If you have any additional questions or require additional information, please call me at [phone] or
[e-mail].
Sincerely,
oanne Steenhuis
Environmental Senior Specialist
Transportation Permitting Branch
Division of Water Resources
Attachment: signed map
Electronic copy only distribution:
Brad Shaver- US Army Corps of Engineers, Wilmington Field Office
Mason Herndon-NCDOT Division 3 Environmental Officer
NCDWR- Central Office
File Copy