U-5862 stream call july 2018

July 26, 2018

Mason Herndon, Environmental Program Supervisor
NC DOT Division 3
5501 Barbados Blvd.
Castle Hayne, NC 28429

Subject: NCDOT TIP # U-5862, Brunswick County
Stream Name -Woodward Branch and UTs to Woodward Branch, in the Lumber Basin
Stream Index No. – 15-25-2-8, Stream Classification – 15-25-2-8

On-Site Determination for Applicability to the Mitigation Rules (15A NCAC 2H .0506\[h\])

Dear Mr. Herndon:
On July 10, 2018, 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 on and around US 17 and
SR 1357 (Smith Avenue) for the improvements to the Shallotte bypass for applicability to the mitigation rules (15A
NCAC 2H .0506\[h\]). The drainage features are approximated on the attached maps signed and dated July 26, 2018.

Stream Index
Stream Name River Basin Stream Classification(s)
Stream Type Number
UT to Woodward Branch (SA) Lumber Tributary N/A N/A
UT to Woodward Branch (SA) Lumber Intermittent C;Sw, HQW 15-25-2-8
UT to Woodward Branch (SB) Lumber Tributary N/A N/A
UT to Woodward Branch (SC) Lumber Tributary N/A N/A
UT to Woodward Branch (SC) Lumber Intermittent C;Sw, HQW 15-25-2-8
UT to Woodward Branch (SC) Lumber Perennial C;Sw, HQW 15-25-2-8
UT to Woodward Branch (SD) Lumber Tributary N/A N/A
UT to Woodward Branch (SE) Lumber Tributary N/A N/A
UT to Woodward Branch (SF) Lumber Tributary N/A N/A
UT to Woodward Branch (SG) Lumber Intermittent C;Sw, HQW 15-25-2-8
UT to Woodward Branch (SG) Lumber Perennial C;Sw, HQW 15-25-2-8
Woodward Branch Lumber Perennial C;Sw, HQW 15-25-2-8

Please note that other sites identified in the jurisdiction verification request package but not reviewed on site by
NCDWR will be considered accurate as presented.

North Carolina Department of Environmental Quality  Division of Water Resources
512 North Salisbury Street  1617 Mail Service Center  Raleigh, North Carolina 27699-1617
919.707.9000

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
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: [phone]

A copy of the petition must also be served on DEQ as follows:

Mr. Bill F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699

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 Joanne Steenhuis at (910) 796-
7306 or [e-mail].

Sincerely,

Joanne Steenhuis, Environmental Senior Specialist
Transportation Permitting Branch
Division of Water Resources, NCDWR
Attachments: Figures 3A and 3B (2 pages)

North Carolina Department of Environmental Quality  Division of Water Resources
512 North Salisbury Street  1617 Mail Service Center  Raleigh, North Carolina 27699-1617
919.707.9000

Electronic copy only distribution:
Brad Shaver, US Army Corps of Engineers, Wilmington Field Office
File Copy

North Carolina Department of Environmental Quality  Division of Water Resources
512 North Salisbury Street  1617 Mail Service Center  Raleigh, North Carolina 27699-1617
919.707.9000