North Community House Ext

CDENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Division of Water Quality
Coleen H. Sullins
Director
Dee Freeman
Secretary
Chris Tinklenberg, WPIT
Kimley-Horn and Associates, Inc.
2000 South Boulevard, Suite 440
Charlotte, NC 28203
September 12, 2011
SUBJECT: On-Site Determination for Applicability to the Mitigation Rules [15A NCAC
2H .0506(h)], North Community House Extension, 11798 North Community
House Road, Charlotte, Mecklenburg County
Dear Mr. Tinklenberg:
Polly Lespinasse of the Division of Water Quality (DWQ) visited the above referenced site on
September 7, 2011, in order to provide verification of a potential jurisdictional feature previously
identified by your consulting firm for the above referenced project. The feature was evaluated for
applicability to the mitigation rules set forth in [15A NCAC 2H .0506(h)]. Based on the site review
DWQ identified one (1) jurisdictional feature, a perennial stream, located on the south side of the
property (south side of 1-485). The determination was 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 !-)offer 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.
Mooresville Regional Office
Location: 610 East Center Ave., Suite 301 Mooresville, NC 28115
Phone: [phone] Fax: [phone] Customer Service: 1-877-623-6748
Internet: hRp://portal.ncdenr.org/web/wq
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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.
If you have any additional questions or require additional information please contact Polly Lespinasse
at [phone].
Sincerely,
o
Robert B. Krebs, Regional Supervisor
Surface Water Protection
cc: le Field Office (electronic copy)
Karen Higgins, DWQ 401 Permitting Unit
File Copy