U-3431 Stream call letter

ROY COOPER
Governor

MICHAEL S. REGAN
Secretary

LINDA CULPEPPER
Interim Director

January 12, 2018

Rachelle Beauregard
NC Department of Transportation
Project Development Group
P.O. Box 1587
Greenville, NC 27835

Subject: NCDOT TIP U-3431, Improvements to SR 1763 (Miller Boulevard) and NC 101(Fontana
Boulevard) in the City of Havelock, Craven County, Neuse River Basin

On-Site Determination for Applicability to the Neuse Buffer Rules (15A NCAC 2B.0233). On-Site Determination for
Applicability to the Mitigation Rules (15A NCAC 2H .0506\[h\])

Dear Ms. Beauregard:

On December 12, 2017, at your request, Garcy Ward, NC Division of Water Resource (NCDWR) staff, conducted
an on-site determination to review drainage features located within the U-3431 project corridor for applicability to
the Neuse River Buffer Rules and for applicability to the mitigation rules (15A NCAC 2H .0506\[h\]). The drainage
features within the project corridor as labeled in your preliminary JD packet dated October 16, 2017 and the final
determinations are as follows:

Subject to
On USGS On NRCS
Feature ID Stream Type Buffer
maps map
Rules
1
SA yes/no no perennial yes/no
SB yes yes perennial yes
SE no no ephemeral no
2
SF no no perennial no
1
This feature shows on the USGS map within the project corridor on the north side of NC 101and becomes subject
to the buffer rules at this point. The stream is not subject to the buffer rules on the south side of NC 101 as it is not
shown on either map.
2
The majority of this stream is culverted and only a small portion exists where it ties into SA.

Please note that no other features within the project corridor were evaluated. Also, this letter only addresses the
features at the sites specifically marked on the maps submitted with the preliminary JD packet 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.

This letter only addresses the applicability to the mitigation rules and the buffer rules and does not approve any
activity within the buffer, Waters of the United States, or Waters of the State. Any impacts to wetlands, streams and
buffers must comply with the Tar-Pamlico Buffer Rules, 404/401 regulations, water supply regulations (15A NCAC
2B .0216), and any other required federal, state and local regulations. Please be aware that even if no direct impacts
are proposed to the protected buffers, sheet flow of all new stormwater runoff as per 15A NCAC 2B .0233 is
required.

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.

State of North Carolina | Environmental Quality
1617 Mail Service Center | Raleigh, North Carolina 27699-1617

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 8:00am and 5:00pm, 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

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 Garcy Ward at 252-948-3917 or
[e-mail].

Sincerely,

Linda Culpepper, Interim Director
Division of Water Resources

Electronic copy only distribution:
Tom Steffens, US Army Corps of Engineers, Washington Field Office
File Copy