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HomeMy WebLinkAbout20190370 Ver 1_Onslow U-4906 _Gum Branch Rd Stream Call Letter_20140507��� ��� NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor May 7, 2014 RoUert Tw-nUull Environmental Services, Tnc. 524 New Hope Roac1 Raleigh, NC 27610 Subject: NCDOT U-4906, Gum Branch Road (SR 130�), Onslow Counry. White Oak River Basin. John E. Skvarla, III Secretary On-Siie Deterrnina�ion for Applicabiliry to the On-Site Detettnination for Applicability to ihe Mitigation Rules (15A NCAC 2H .0506(h) Dear Mr. Tur-nbull: On March 5, 2014, at your request and in yotn- attendance, Mason Herndon, NC Division of Water Resource (NCDWR) stafF, conducted an on-site detertmination to review drainage feat�,u-es located along Gum Branch Road (SR 1308) in Onslow Colinty for applicability to the imitigation rl�les (1 SA NCAC 2H .0506(h)). The drainage features are approximated on the attached map initialed and dated May 7, 2014. Feature Feature Map Feature DWQ Stream Siream Mitigation ID Page Type Type Required SAl 3c Stream Perennial Yes SA2 3c Stream Perennial Yes SBl 3e Stream Perennial Yes SB2 3e Stream Perennial Yes TA2�'� 3h Tributary N/A No TB 3h/3i Tributary N/A No SC l 3j Stream Perennial Yes SC2 3j Stream Perennial Yes SD 3j/31c Stream Perennial Yes SEl 3n Stream Perennial Yes SE2 3n Stream Perennial Yes TC 1 3n Tributary N/A No TC2 3n Tributary N/A No ���TA2 begins at outlet of existing cuivert, upsh•eam of cuivert was determined not jurisdictional. This letter only addresses the features listed above that were visited on March 5, 2014. This letter does not apply to reaches of the channel (or drainage feature) fi,irther upstream or downstream of the project study area or to any other di-ainage feahire within the project study area not depicted on the attached map. Transportation antl Permitting Unit 1617 Mail Seroice Center, Raleigh, North Carolina 27699-1617 Location: 512 N. Salisbury St. Raleigh, North Carolina 27604 Phone: 919-807-63001 FAX: 919-733-1290 Internet: www.ncwaterquality.org An Equal Opportunity 1 Affirmative Action Employer NorthCarolina �qturq��l� 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 .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 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, 1650 Mail Service Center, Raleigh, NC 27699-1650. 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: (919)-431-3000, Facsimile: (919)-431-3100 A copy of the petition must also be served on DENR as follows: Mr. Lacy Presnell, General Counsel Department of Environment and Natural Resources 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 me at (910) 308-4021 or mason.herndon@ncdenr. gov. Sincerely, �� � Mason Herndon, Division of Water Resources Transportation Permitting Unit Attachments: signed map ec: Brad Shaver, US Army Corps of Engineers — Wilmington Regulatory Field Office (w/o attachments) Sonia Carrillo, NCDWR Central Office Stoney Mathis, Division 3 DEO NCDWR Wetlands 401 Transportation permitting Unit File Copy