U-5926 stream call.pdf

Environmental
Quality
October 2, 2017
Calyx Engineers
Attn: Mark Mickley
6750 Tryon Road
Cary, NC 27518
Subject: NCDOT TIP # U-5926, New Hanover County
UT to Smith Creek, Cape Fear Basin, 18-74-63, C;SW
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MICHACL S. REGAN
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S. JAY ZIMMERMAN
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On-Site Determination for Applicability to the On-Site Determination for Applicability to the
Mitigation Rules (15A NCAC 2H .0506[h])
Dear Mr. Mickley:
On September 28, 2017, at your request and in attendance with Brad Shaver, USACE and
Mason Herndon NC DOT Division 3 DEO, Joanne Steenhuis, NC Division of Water Resource
(NCDWR) staff, conducted an on-site determination to review drainage features located off
Scientific Park Drive between 23rd Street (SR 1302) and 26th Street for applicability to the
mitigation rules (15A NCAC 2H .0506[h]). The drainage features are approximated on the
attached map initialed and dated October 2, 2017.
Feature ID Feature Map ID Feature Type DWQ Stream Type Stream
Mitigation
re uired
SA Figure 2 stream IntermittenUperennial No/Yes
from the beaver dam
SB Fi ure 2 stream intermittent No
SC' Fi ure 2 stream erennial Yes
`uid not go look at SG as it was below the perennial call ot SA
This letter only addresses the features listed above that were visited on September 28, 2017.
Please note that SC identified in the jurisdiction verification request package but not reviewed
on site by NCDWR will be considered accurate as presented. Also, this letter only addresses
applicability to the mitigation rules and does not apply to reaches of the channel [or drainage
feature] further downstream from the NCDOT project area, or to any other drainage features in
the vicinity not depicted on the attached map.
This letter only addresses the applicability to the mitigation rules and does not approve any
activity within the Waters of the United States, or Waters of the State. Any impacts to wetlands
and streams must comply with the 404/401 regulations, water supply regulations (15A NCAC 2B
0216), and any other required federal, state and local regulations.
'�'Nothing Compares`"-- _
Statc ofNorth Carolina � �nvironnuntal Quality
1617 Mail Scrvice CeN�r � Raleigh, Norlh Cuolina27G99-1617

Calyx Engineers
Attn: Mark Mickley
DOT U-5926
October 2, 2017
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 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 5: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
Raleigh, NC 27699-1601
This determination is final and binding unless you ask for a hearing within 60 days.

Calyx Engineers
Attn: Mark Mickley
DOT U-5926
Octo6er 2, 2017
Page 3 of 3
If you have any additional questions or require additional information please contact Joanne
Steenhuis at [phone] or at [e-mail].
Sinc ly,
oanne Steenhuis
Environmental Senior Specialist
Transportation Permitting Branch
Division of Water Resources
Attachments: Signed maps (2 pages)
Electronic copy only distribution:
Brad Shaver, US Army Corps of Engineers, Wilmington Field Office
Mason Herndon, NC DOT Division 3 Environmental Officer
Kristilynn Carpenter, NC DWR — Transportation Permitting Branch
File Copy