20170924 Ver 1_Star Cross Rd_Prelim JD letter_20161020

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NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
March 9, 20 ] 5
Jason Hales
SEPI Engineering and Construction
5030 New Centre Drive, Suite B
Wilmington, NC 28403
Subject: NCDOT Star Cross Road (SR 1945), Brunswick County
UT to Saucepan Creek, Lumber River Basin, LBR59, SA;HQW
Donald van der Vaart
Secretary
On-Site Determination for Applicability to the On-Site Determination for Applicability to the Mitigation Rules (15A
NCAC 2H .0506(h)
Dear Mr. Hales:
On September 4, 2014, at your request and in your attendance, Mason Herndon, NC Division of Water Resource
(NCDWR) stafF, conducted an on-site determination to review drainage features located along Star Cross Road (SR
1945) in Brunswick County for applicability to the mitigation rules (15A NCAC 2H .0506(h)). The drainage
features are approximated on the attached map initialed and dated March 9, 2015.
Feature Feature Map Feature DWQ Stream Stream Mitigation
ID Pa�e Tvpe Tvne Required
SJ�'� I Fi�ure 5 I Stream I Intermittent I Yes
is intermittent beginning at the outlet end of the existing culvert.
This letter only addresses the features listed above that were visited on September 4, 2014. 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. Any impacts to wetlands and stt-eams must comply with 404/401
regulations, water supply regulations (15A NCAC 2B .0216), and any other required federal, state and local
regulati on s.
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 it is subject to the mitigation rules may request a determinarion by the Director. A
request for a determination by the Director shall be referred to the Directar in writing c/o Amy Chapman, NCDWR
Wetlands/40] 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 adjudicatoty 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
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Phone: [phone] Internet: www.ncdenr.gov
An Equal Opportunity 1 Affirmative Action Employer

notified of this decision. A petition is considered filed when it is received in the office of Administrative Hearings
durin� normal office hours. The Office of Administrative Hearings accepts fllings Monday through Friday between
the hours of B: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 far the Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone: [phone], Facsimile: (919)-431-3100
A copy of the petition must also be served on DENR as follows:
Mr. Sam M. Hayes, General Counsel
Department of Environment and Natural Resources
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 additional information please call Mason Herndon at (910) 308-
4021 or [e-mail].
Sincerely,
Mason Herndon
Division of Water Resources
Attachments: signed maps
Electronic copy only distribution:
Brad Shaver, US Army Corps of Engineers, Wilmington Field Office
Stoney Mathis, NCDOT Division 3 Environmental Officer
NC Division of Water Resources Raleigh Central Office
File Copy