NCDWR U-5737 Stream Determination.docx

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Environmental
Quality
January 25, 2018
Art King, Division Euvironmental Officer
NCDOT Highway Division 8
902 N. Sandliills Blvd.
Aberdeen, NC 28315
ROY COOPER
Gure'rrwr
MICHAEL S. REGAN
Secretori
LINDA CULPEPPER
hiler�im Drre��lu��
Subject: Onsite Determination foc applicability to the Mitigation Rules per 15A NCAC 2H
.0506[h]. NCDOT TIP U-5737, Chatham County.
Dear Art King:
On December 11, 2017, North Carolina Division of Water Resource (NCDWR), along with staff fi•om Moffatt &
Nichol, conducted an on-site determiiiation to review drainage features described in Table 1 for applicability to
Rules pertaii7ing to Mitigation requirements. The drainage featt�res are approximated oi1 the attached maps.
Table 1. Descriptions of drainage features.
Stream I�'eature Stream Stream Applicable Mitigation
Name Code Basin Subbasin
I I I Class. Index No. Buffer Rule Rule
UT to
Loves I SA Cape Fear I CPF12 I C 17-43-10 I N/A � Yes I
Creek �
UT to
Loves SB Cape Fear CPF12 C 17-43-10 N/A Yes
Creek �
UT to
Loves SC Cape Fear CPF12 C 17-43-10 � N/A Yes
Creek �
UT to
Rocky SD Cape Fear CPF12 C 17-43-(8) � N/A Yes
River
UT to
Rocky SE Cape Fear � CPF12 C 17-43-(8) � N/A No
River � — I I �
UT to
Rocky SF Cape Fear I CPF 12 C I 17-43-(8) N/A No
River
UT to
Rocky � SG Cape Fear �� CPF 12 C �� 17-43-(8) N/A Yes
River
UT to
Rocky � SH Cape Fear � CPF 12 C � l 7-43-(8) � N/A Yes
River
UT to
Loves SI Cape Fear CPF12 C 17-43-10 � N/A Yes
Creek
UT to
Loves SJ Cape Fear CPF12 C 17-43-10 � N/A No
Creek I � I
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State of North Carolina I Environmental Quality
t617 Mail Service Center I Raleigh, North Garolina 27699-1617

NCDWR has determined that the above features identified as SA, SB, SC, SD, SG, SH, and SI are perennial and are
subject to Mitigation Rules. Please note that no other features at the site were evaluated. Also, 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 and streams must comply with
404/441 regulations, water supply regulations (15A NCAC 2B .0216), and any other required federal, 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 properiy 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 S: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. Bill F. Lane, 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 April Norton at 919-707-9111 or
April.Norton(a�ncdenr. _gov.
Sincerely,
�'P-^-� ��"
Attachments: TIP U-5737 Features Map
Electronic copy only distribution:
Adam Efird, Senior Environmental Specialist, Moffatt & Nichol
Andrew Williams, US Army Corps of Engineers, Raleigh Field Office
File Copy