Campus Ridge Rd

NCDEN
North Carolina Department of Environment and
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
Natural Resources
Dee Freeman
Secretary
September 22, 2011
Chris Tinklenberg, WPIT
Kimley-Horn and Associates, Inc.
2000 South Boulevard, Suite 440
Charlotte, NC 28203
SUBJECT: On-Site Determination for Applicability to the Mitigation Rules [15A NCAC 2H
.0506(h)], Campus Ridge Road Realignment, East John Street (SR 1009) to
Campus Ridge Road (SR 3457), Matthews, Mecklenburg County
Dear Mr. Tinklenberg:
On August 18, 2011, Polly Lespinasse of the Division of Water Quality (DWQ) and Liz Hair of the U.S. Army
Corps of Engineers met you on the above referenced site in order to provide verification of potential
jurisdictional features previously identified by your consulting firm for the above referenced project. The
features were evaluated for applicability to the mitigation rules set forth in [15A NCAC 2H .0506(h)]. Based on
the site review, DWQ identified two (2) jurisdictional streams (SA - intermittent, SB - perennial) and one (1)
wetland (WA). The stream determinations were based on completion of the NCDWQ Stream Identification
Form and an evaluation of existing site conditions.
This letter only addresses the applicability to the mitigation rules and does not approve any activity within
buffers, Waters of the United States, or Waters of the State. Any impacts to wetlands, streams and buffers
must comply with 404/401 regulations, water supply regulations (15A NCAC 2B .0216), applicable buffer rules,
and any other required federal, state and local regulations. Please be aware that even if no direct impacts are
proposed to any protected buffers, sheet flow of all new stormwater runoff as per 15A NCAC 2B .0250 is
required.
Landowners or affected parties that dispute a determination made by the DWQ 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 Karen
Higgins, DWQ 401 Permitting Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650.
Individuals that dispute a determination by the DWQ or Delegated Local Authority that "exempts" a surface
water from the mitigation rules may ask for an adjudicatory hearing. You must act within 60 days of the date
that you receive this letter. Applicants are hereby notified that the 60-day statutory appeal time does not start
until the affected parties (including downstream and adjacent landowners) are notified of this decision. DWQ
recommends that the applicant conduct this notification in order to be certain that third party appeals are made
in a timely manner. To ask for a hearing, send a written petition, which conforms to Chapter 150B of the North
Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C.
27699-6714. This determination is final and binding unless you ask for a hearing within 60 days.
Mooresville Regional Office
Location: 610 East Center Ave., Suite 301 Mooresville, NC 28115 0110
Phone: [phone] Fax: [phone] Customer Service: 1-877-623-6748 North Carolina
Internet: http://portal.nMenr.org/web/wa
An Equal Opportunity \ Affirmative Action Employer- 50% Recycled/10% Post Consumer paper Alturally
Chris Tinklenberg
Page Two
if you have any additional questions or require additional information please contact Polly Lespinasse at (704)
663-1699.
Sincerely,
a" V-1c
-Robert B. Krebs, Regional Supervisor
Surface Water Protection
cc: Liz Hair, USACE Asheville Field Office (electronic copy)
Karen Higgins, DWQ 401 Permitting Unit
File Copy