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HomeMy WebLinkAboutU-5716 Stream call' ��; ', :. :..�;?�i�. . � r,:-:.:�; F_nvi�o��inenl�rl Qu�liry October 2, 2017 Moffatt & Nichol Attn: Adam Efrid 4700 Falls of the Neuse Rd. Suite 300 Raleigh, NC 27609 ROY COOP�R Gorenmr MICHAGL S. RGGAN Srri�e�aiy S. JAY LIMMLRMAN nr� �-�•�o, Subject: NCDOT U-5716, Onslow County. Blue Creek and UT to Blue Creek, White Oak Basin, SC; NSW Brinson Creek and UT to Brinson Creek, White Oak Basin, SC; NSW On-site Determination for Applicability to the Mitigation Rules (15A NCAC 2H .0506(h)) Dear Mr. Efird: On April 25, 2017, at your request and in your attendance, Joanne Steenhuis, NC Division of Water Resources (NCDWR) staff, conducted an on-site determination to review drainage features located on US 258 and NC 24 in Onslow County for applicability to the mitigation rules (15A NCAC 2H .0506(h)). The drainage features are approximated on the attached maps (Onslow County Intersection Congestion Study U-5716, 8 pages) initialed and dated October 2, 2017. Feature ID Feature Map Feature Type DWQ Stream Stream ID Type Mitigation re uired SA Pa e 1 of 7 Stream erennial Yes SP Pa e 1 of 7 Stream intermittent No SQ Pa e 1 of 7 Stream intermittent No SV Pa e 2 of 7 Stream erennial Yes SF Pa e 3 of 7 Stream erennial Yes SG Pa e 3 of 7 Stream erennial Yes SH Pa e 4 of 7 Stream erennial Yes SI Pa e 5 of 7 Stream intermittent No SJ Pa e 5 of 7 Stream erennial Yes SK Pa e 5 of 7 Stream erennial Yes SM Pa e 6 of 7 Stream erennial Yes SO Pa e 7 of 7 Stream erennial Yes This letter only addresses the features listed above that were visited on April 25, 2017. 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 maps. '.' NnlliingCuin��:nrs ticila ul�Nonh Camlinn I I'nciruninrntal (l�iahl� 1617 Mml tirrvme L'enier i ItWeigih. Nartli Ceieilma J699-Ib17 Moffatt & Nichol Atln: Adam Efrid DOT U-5716 October 2, 2017 Page 2 of 3 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 federel, state and local regulations. 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 of Administrative Hearings. The petition may be faxed to the OAH at (919) 431-3100, 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.): 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 Moffatt 8 Nichol Attn: Adam Efrid DOT U-5716 October 2, 2017 Page 3 of 3 This determination is final and binding unless you ask for a hearing within sixty (60) days. If you have any additional questions or require additional information, please call me at (910) 796.7306 or ioanne.steenhuisC�a ncdenr.¢ov. Sinc��ely, / C �' J nne Steenhuis nvironmental Senior Specialist Trensportation Permitting Brench Division of Water Resources Attachment: signed maps (8 pages) Electronic copy only distribution: Brad Shaver- US Army Corps of Engineers, Wilmington field Office Mason Herndon-NCDOT Division 3 Environmental Officer NCDWR- Centrel Office File Copy