HomeMy WebLinkAboutU-6083 Stream call letter and aerial May 2019ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
NORTH CAROLINA
Environmental Quality
May 17, 2019
Mason Herndon, Environmental Program Supervisor
NC DOT Division 3
5501 Barbados Blvd.
Castle Hayne, NC 28429
Subject: NCDOT STIP # U-6083, New Hanover County
Smith Creek in the Cape Fear River Basin
On -Site Determination for Applicability to the Mitigation Rules (15A NCAC 2H .0506[h])
Dear Mason:
On April 4, 2019, at your request and in your attendance, Joanne Steenhuis, NC Division of Water Resource
(NCDWR) staff, conducted an on -site determination to review drainage features located at the intersection of North
23,d Street (SR 1302) , Gordon Road (SR 1399) and Blue Clay Road (SR 1318) for applicability to the applicability
to the mitigation rules (15A NCAC 2H .0506[h]). The drainage features are approximated on the attached map
signed and dated May 17, 2019.
Stream Name
River
Basin
Stream
Type
Stream
Classification(s)
Stream
Index
Number
UT to Smith Creek (SA)
Cape Fear
Perennial
C;SW
18-74-63
UT to Smith Creek SB
Cape Fear
Perennial
C;SW
18-74-63
UT to Smith Creek SC
Cape Fear
Perennial
C;SW
18-74-63
UT to Smith Creek (SD)
Cape Fear
Perennial
C;SW
18-74-63
UT to Smith Creek (SE)
Cape Fear
Perennial
C;SW
18-74-63
UT to Smith Creek (SF)
Cape Fear
Intermittent
C;SW
18-74-63
Smith Creek
Cape Fear
Perennial
C;SW
18-74-63
TIC
Cape Fear
Tributary
N/A
N/A
TD
Cape Fear
Tributary
N/A
N/A
PA
Ca e Fear
Pond
N/A
N/A
PB
Cape Fear
Pond
N/A
N/A
PC
Cape Fear
Pond
N/A
N/A
Please note that other sites identified in the jurisdictional verification request package, but not reviewed on site by
NCDWR will be considered accurate as presented. This letter only addresses the applicability to the mitigation rules
and does not approve any activity within the Waters of the United States, or Waters of the State. Any impacts to
QS� North Carolina Department of Environmental Quality I Division of Water Resources
er�--DEWilmington Regional Office 1127 Cardinal Drive Extension I Wilmington, North Carolina 28405
NORTH CAROLINA
N 0 * 910.796.7215
wetlands and/or streams must comply with the 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, 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 5: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 DEQ as follows:
Mr. Sam M. Hayes, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27600-1601
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 (910) 796-7306 or
joanne.steenhuis@ncdenr.gov.
Sincerely,
Joanne Steenhuis, Environmental Specialist II
Division of Water Resources
Attachment: Stream and Wetland Delineations Figure 2 (1 page)
Electronic copy only distribution:
Brad Shaver, US Army Corps of Engineers, Wilmington Field Office
File Copy
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Legend
Existing PJD Area
Study Area
Jurisdictional Features
Intermittent Stream
Perennial Stream
Tributary Water of US
Wetland
Pond 5/17/19
Data Points
2 U�Q
JD Field Visit 1
Crew: Mason Herndon
Date: April 14, 2019
JD Field Visit 2
Crew:
Date:
FIGURE
2
Stream and
Wetland Delineations
North 23rd Street Widening
from US 74
(Marting Luther King, Jr. Parkway)
to NC 133 (Castle Hayne Road)
STIP Project U-6083
New Hanover, NC
Map Date: 4/29/2019
0 1 inch = 400 feet
0 200 400 800
Feet
Th' E h'b't Is far planri rig purposes only and inf—ton shown hereon does not
meet TheSI ndards of Phd ce for Land Survey rig n North Carol na (21 NCAC
61111% The Exh b t was comp led from ava lable 'nf,hd,t',h ,bh,,ed from the
I' ted below Streams and Wetlands: All features located', the field were
recorded using a meeting grade Trimble GheXT or Geo6000 GPS recever with
supposed sub meter accuracy.
SourcesNCDOT USGS