20191460 Ver 1_BR 0121 Stream call letter May 2019_20190531

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
NORTH CAROLINA
Environmental Quality
May 30, 2019
Mason Herndon, Environmental Program Supervisor
NC DOT Division 3
5501 Barbados Blvd.
Castle Hayne, NC 28429
Subject: NCDOT STIP # BR-0121, Sampson County
Seven Mile Swamp in the Cape Fear River Basin
On -Site Determination for Applicability to the Mitigation Rules (15A NCAC 2H .0506[h])
Dear Mason:
On May 8, 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 Bridge 178 on SR 1804
(Houses Mill Road) for applicability to the mitigation rules (15A NCAC 2H .0506[h]). The drainage features are
approximated on the attached map signed and dated May 30, 2019.
Stream
Stream
River
Stream Name
Stream
Classification(s
Index
Basin
Type
)
Number
Seven Mile Swamp
Cape Fear
Perennial
C;Sw
18-68-1-3
Houses Pond Spillway
Cape Fear
Perennial
C;Sw
18-68-1-3
UT to Seven mile Swam SA
Cape Fear
Perennial
C;Sw
18-68-1-3
Please note that no other features at the site were evaluated. 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 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
D E QW; North Carolina Department of Environmental Quality I Division of Water Resources Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington, North Carolina 28405
NORTH cAROLINA _
08padMem of Eretroo Ml QUai\ /� 910.796.7215

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: [phone], Facsimile: [phone]
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 [phone] or
[e-mail].
Sincerely,
Joanne Steenhuis, Environmental Specialist II
Division of Water Resources
Attachment: Figure 3 Replacement of Bridge 178 on SR 1804
Electronic copy only distribution:
Brad Shaver, US Army Corps of Engineers, Wilmington Field Office
File Copy