20190370 Ver 1_Onslow U-4906 _Gum Branch Rd Stream Call Letter_20140507

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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: [phone] FAX: [phone]
Internet: www.ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer
NorthCarolina
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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: [phone], 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 [phone] 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