20211404_W-5703H stream call letter march 19_20190620

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
NORTH CAROLINA
Environmental Quality
March 10, 2019
Mason Herndon, Environmental Program Supervisor
NC DOT Division 3
5501 Barbados Blvd.
Castle Hayne, NC 28429
Subject: NCDOT STIP # W-5703H, Brunswick County
Little Caw Caw Swamp in the Lumber River Basin
On -Site Determination for Applicability to the Mitigation Rules (15A NCAC 2H .0506[h])
Dear Mason:
On February 28, 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 US 17
and SR 1303 (Hickman Road) for applicability to the mitigation rules (15A NCAC 2H .0506[h]). The drainage
features are approximated on the attached map initialed and dated March 10, 2019.
Stream Name
River
Sln
Stream
ype
Stream
Classification(s)
Stream
Index
Number
Little Caw Caw Swamp
Lumber
Perennial
C;Sw
15-23-1
Please note that no other features that were not shown on the preliminary PJD request aerials for the site were
evaluated by NCDWR.
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 subj ect 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 27699-161.7.
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
North Carolina Department of Environmental Quality I Division of Water Resources
D, E Wilmington Regional Office 1 127 Cardinal [give Extension I Wilmington, Not th Carolina 28405
Department el En►.+imrmeptai Quality 910.796. (215

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 :00am and 5 :00pm, 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) 43 1-3 100
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,
oanne Steenhuis, Environmental Specialist II
Division of Water Resources
Attachments: Figure 3 Sheets 1-2
Electronic copy only distribution:
Brad Shaver, US Army Corps of Engineers, Wilmington Field Office
File Copy

Legend
Potential Non -Wetland Waters Open Water
Perennial Stream 0 Potential Wetland Waters
Tributary
Study Area
125 250 500
Feet
NORTH CAROLINA DEPARTMENT OF
fi
TRANSPORTATION
STIP PROJECT: W-5703H
IMPROVEMENTS TO THE INTERSECTION OF
US 17 AND HICKMAN ROAD (SR 1303)
IN X ICK COUNTY
WATER RESOURCES FIGURE 3
Esri, HERE, i reet , and the GIS User
S'H�' 2p(of�12 community