HomeMy WebLinkAboutU-5716 Stream call' ��; ',
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October 2, 2017
Moffatt & Nichol
Attn: Adam Efrid
4700 Falls of the Neuse Rd.
Suite 300
Raleigh, NC 27609
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MICHAGL S. RGGAN
Srri�e�aiy
S. JAY LIMMLRMAN
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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.
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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