20190229 Ver 1_NCDWQ_Lee R-3830 Stream Call Letter-signed_20190222

Beverly Eaves Perdue
Governor
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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Charles Wakild, P.E
Director
September 7, 2012
Mr. Chad Evenhouse
Kimley-Horn and Associates Inc.
PO Box 33068
Raleigh, NC 27636-3068
Subject: NCDOT TIP U-3830, NC 42, from US 421 Horner Blvd in Sanford to SR 1579 (North Main
Street) in Broadway in Lee County
Cape Fear River Basin, 03030003/03030004
On-Site Determination for Applicability to the Mitigation Rules (15A NCAC 2H .0506(h)
Dear Mr. Evenhouse:
Dee Freeman
Secretary
On July 24, 2012, at your request and in your attendance, Mason Herndon, NC Division of Water Quality
(NCDWQ) staff, conducted an on-site determination to review drainage features located within the proposed study
area of TIP #U-3830 for applicability to the mitigation rules (15A NCAC 2H .0506(h)). The drainage features are
approximated on the attached maps that are initialed and dated September 7, 2012.
Feature Feature Map Feature DWQ Stream Stream Mitigation
ID Page Type Type Required
SA Fig.2c Stream Perennial Yes
SAA Fig.2c Stream Intermittent Yes
SB Fig. 2b Stream Intermittent/Perennial a Yes
SC Fig.2b Stream Perennial Yes
SD Fig.2b Stream Perennial Yes
" Intermittent/Perennial break is located at headcut.
This letter only addresses the features listed above that were visited on July 24, 2012. This letter does not apply to
reaches of the channel (or drainage feature) further upstream or downstream of the project study area or to any other
drainage feature within the project study area depicted on the attached map.
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 NCDWQ (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 NCDWQ 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 Directar in writing c/o Amy Chapman, NCDWQ
Wetlands/401 Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650.
Transportation antl Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1617
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone]
Internet: www.ncwaterqualitv.orp
NorthCarolina
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An Equal Opportunity 1 Affirmative Action Employer

Individuals that dispute a determination by NCDWQ 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)-733-3478
A copy of the petition must also be served on DENR as follows:
Mr. William Cary, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699-1601
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 contact me at [phone] or at [e-mail].
Sincerely,
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Mason Herndon
Attachments: signed maps
ec: Ronnie Smith, US Army Corps of Engineers — Wilmington Regulatory Field Office
Art King, Division 8 Environmental Officer
Jason Dilday, NCDOT, Natural Environmental Section
NCDWQ Wetlands 401 Transportation permitting Unit File Copy