20210218 Ver 1_NCDWR Stream Determination Letter_20180402

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Environmental
Quality
Apri12, 2018
Ed Smail, Senior Associate
Michael Baker International, Incorporated
4425 Belle Oaks Drive
North Charleston, SC 29405
ROY COOPER
Covernor
MICHAEL S. REGAN
Secretcary
LINDA CULPEPPER
Inlerrn� Directoe
Subject: On-site Determination for Applicability to the Mitigation Rules per 15A NCAC 2H
.0506[h]. Raleigh Executive Jetport (TTA), Lee County.
Dear Mr. Smail:
On April 2, 2018, North Carolina Division of Water Resource (NCDWR) conducted an on-site
determination to review drainage features described in Table 1 regarding applicability to mitigation
requirements. A representative for Michael Baker was present during the site visit.
NCDWR acknowledges the areas and boundaries identified as jurisdictional wetlands by the USACE. The
attached map(s) accurately depicts stream determinations conducted during the site visit.
Table 1. Description of drainage features.
Stream FeaturP
Name Code
UT to
Wombles S1
Creek
Basin
Sub Basin Stream Stream
Class. Index No
Applicable Mitigation
Buffer Rule
Rule
Cape Fear CPF07 WS-IV 18-2 N/A No
NCDWR has determined that the above feature identified as S1 is intermittent and is not subject to
mitigation rules. Please note that S1 is the only feature evaluated at the site. Also, 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. Any impacts to wetlands and streams must comply with 404/401 regulations, water
supply regulations (15A NCAC 2B A216), 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 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.
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State of North Carolina I Environmental Quality
1617 Mail Service Center I Raleigh, North Carolina 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 ofiice 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 AprilNorton(a�ncdenr.gov.
Sincerely,
DocuSigned by:
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03BAC6376A6340D_.
Attachments: Jurisdictional Features Aerial Photograph
Electronic copy only distribution:
Andrew Williams, US Army Corps of Engineers, Raleigh Field Office
File Copy

Raleigh Executive Jetport (TTA), Lee County
Monday, April 02, 2018 11:42 AM
Quick Notes Page 1

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