HomeMy WebLinkAboutU-5739 stream call letter3a,
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November 8, 20 U
NC DO'I' Division 3
Attn: Mason Hemdon, Bnvironmen[al Yrogram Supervisor
5501 6arbados [31vd.
Castle H�yne, NC 28429
Subject: NCDOT TIP # U-5739 in Onslow CowUy
Whi[e Oak Basin, Blue Creek (19-8 SC; NSW) aud UTs to Blue Creek
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MICFIAF.L S. REGAN
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LINDA CULPL:PPER
Lucriw Dii�eclnr
On-Site Uetennination for Applicability [o [he Mi[iga[ion Rules (lSA NCAC 2H .0506�h])
Dear Mason:
On July 27, 2017, Ocrober 4, 2017 and November l, 2017, a[ your request and in your attendance for [he first Iwo
and with Anneliese Westphal for the third, NC Division of Water Resource (NCDWR) staff, conducted an on-site
determina[ion to review drainage features located off SR 1213 (Blue Creek Koad) and NC 258 (Kichlands higliway)
for applicability to the mitigation rules (ISA NCAC 2H .0506[h]). The drainage fea[ures are approximated on the
attacl�ed map initialed and dated November 8, 2017.
Map ID Classifica[ion Compensatory River Basin
Miti ationre uu�ed
61ue Cceek Perennial Yes WhiCe Oak
SA Intermil[ent No White Oak
SB In[ermitten[ No While Oak
SD Perennial Yes White Oak
SE Intermittent No WhiteOak
Please note that no other features at the site were evaluated.
"Che owner (or future owners) or permittee should notify NCllW R(and other relevant agencies) of this
de[ermination in any future correspondences concerning Ihis prope�Ty and/or project. "I'his on-site detennination
shall expire five (5) years from the date of this letter.
Landowners or affected parties that dispute a detennination made by NCDWR 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 detenuination by the
Director shall be ref'erred to the llirecfor in writing c/o Amy Chapman, NCDWR We[lands/401 Unit, 1617 Mail
Service Center, Raleigh, NC 27699-1617.
Individuals that dispute a determination by NCD WR [ha[ "exempts" a surface water trom the mitigation rules may
ask for an adjudicatory hearing. You may obtain Ihe petilion form from the office of Administrative hearings. You
mus[ file the petition with the otiice of Administrative liearings wi[hin sixty (60) d�ys of receipt of this notice and
tlte date the affected party (includiiig downstream and adjacent landowners) is notified of this decision. A petition is
considered filed when it is received in the oftice of Administralive Hearings din ing nonnal oftice hows. "Che Office
of Administrative Hearings accepts filings Monday through Priday between tlie hours of 8:OOam and S:OOpm, except
for otTicial s[ate holidays. The original and one ( I) copy of Ihe petition nu�st be filed wi[h [he OtTice of
Administrative Hearings.
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Inl7 Mnll 1cnlcc Cnilcr I Kalrlgh, �nnh Cxrnlinn 37099-1617
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 Adminishative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone: (919) 431-3000, Facsimile: (919) 4313100
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 heazing within 60 days.
If you have any additional questions or requ've additional information please contact me at (9l0) 796-7306 or
j oanne. steenhuis@ncdenr.gov.
Sincerely,
Joanne Steenhuis
Environxnental Senior Specialist
Transportation Permitting Branch
Division of Water Resources
Attachments: Jurisdictional features map dated 10/7/17
Elechonic copy only distribution:
Brad Shaver, US Army Corps of Engineers, Wilmington Field Office
File Copy