U-6073 stream call letter and aerials july 19

ROY COOPER
Governor
MICHAEL S.REGAN x ,
Secretary
LINDA CULPEPPER NORTH CAROLINA
Director Environmental Quality
July 25,2019
Jim Rerko,Project Development and Environmental Analysis Engineer
Division 6
1000 Transportation Drive
Fayetteville,NC 28302
Subject: NCDOT Widen Fisher Road NCDOT TIP U-6073,Cumberland County
Beaver Creek(beaver Creek Pond)in the Cape Fear Basin
On-Site Determination for Applicability to the Mitigation Rules(I5A NCAC 2H.0506[h])
Dear Jim:
On June 18,2019,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 along Fisher Road
(SRI 107)for applicability to the mitigation rules(15A NCAC 2H.0506[h]). The drainage features are
approximated on the attached map signed and dated July 25,2019.
Stream Stream Index
Stream Name River Basin
Stream Type Classifications Number
Beaver Creek Beaver Creek Pond SA Cape Fear Perennial C 18-31-24-5
UT to Beaver Creek SB Cape Fear Perennial C 18-31-24-5
UT to Beaver Creek SC Cape Fear Intermittent C 18-31-24-5
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,streams and buffers must comply with
the 404/401 regulations,water supply regulations(15A NCAC 2B .0216),and any other required federal, state and
local regulations. Please be aware that the USACE may require mitigation for impacts to intermittent and perennial
streams,NCDWR limits mitigation to perennial streams with impacts greater than 300 linear feet.
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.
North Carolina Department of Environmental Quality I Division of Water Resources
Wilmington Regional Office 1 127 Cardinal Drive Extension I Wilmington,North Carolina 28405
ncn.r.cnvwnn
ogmmmnarneaio.w awry 910.796.7215

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: [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(910)796-7306 or
[e-mail].
jision
erely,
huis,Environmental Specialist II
Water Resources
Attachments: Figure 3a and 3b(2)
Electronic copy only distribution:
Liz Hair,US Army Corps of Engineers, Wilmington Field Office
File Copy

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