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Home My WebLink About20011274 Ver 1_More Info Letter_20080324o`'~~ W A r~9p~ >_ ~ p '< Mr. Lindsey Riddick, Senior Scientist ARCADIS 801 Corporate Center Drive, Suite 300 Raleigh, NC 27607 zo o ~ ~,~ 2'-~ Michael F. Easley, Governor ~~ ~~2 ~s William G. Ross Jr., Secretary North Carolina Department of Environment and Natural Resources Coleen H. Sullins, Director Division of Water Quality March 24, 2008 SUBJECT: On-Site Determination for Applicability to the Mitigation Rules [15A NCAC 2H .0506(h)], NC 49 Widening, TIP No. R-2533, Stanly and Cabarrus Counties Dear Mr. Riddick: Polly Lespinasse of the Division of Water Quality (DWQ) met with you, Steve Lund of the US Army Corps of Engineers and representatives of the North Carolina Department of Transportation (NCDOT) on February 26, 2008, in order to provide verification of potential jurisdictional features previously identified by your consulting firm for the above referenced project. These features were evaluated for applicability to the mitigation rules set forth in [15A NCAC 2H .0506(h)]. The maps containing the project corridor were provided in the jurisdictional verification package received by this office on February 26, 2008, and via your company's FTP site. The jurisdictional features are approximated on these maps. Due to the size of the project, a selection of sites was identified and visited to represent stream and wetland determinations conducted by your firm. Nineteen (19) features were evaluated to include ephemeral, intermittent, and perennial streams and wetlands. Changes were made to ten (10) stream determinations based on the field verifications, with additional comments on three (3) wetlands. The changes/comments are outlined below: • Stream SL10: This stream was originally classified as intermittent for the entire reach. This site was not field verified. However, based on agreement between all parties in the field, the stream will be classified as perennial. The stream was originally evaluated September 17, 2007, under extreme drought conditions and scored 29.5 points. • Stream SL11: This stream was originally classified as intermittent for the entire reach. This site was not field verified. However, based on agreement between all parties in the field, the stream will be classified as perennial. The stream was originally evaluated September 18, 2007, under extreme drought conditions and scored 29.5 points. • Streams SL15 and SL16: Both of these streams were originally classified as intermittent. The confluence of these streams was identified as SL15 and continued to be classified as an intermittent stream for the reach located within the project boundaries. Based on the site visit, both SL15 and SL16 will continue to be classified as intermittent. However, the stream will be classified as perennial from the confluence of SL15 and SL16 downstream. • Stream SL17: This stream was originally classified as ephemeral for the entire reach. This site was not field verified. However, based on agreement between all parties in the field, the stream will be classified as intermittent. The stream was originally evaluated September 19, 2007, under extreme drought conditions and scored 18.5 points. • Stream SL18: This stream was originally classified as intermittent for the entire reach. Based on a site visit by DWQ staff on March 13, 2008, this stream will be classified as perennial. Perennial stream characteristics were observed (the stream was re-evaluated and scored 34 points) in addition to the presence of various biologicals (crayfish, mayfly larvae). North Carolina Division of Water Quality 610 East Center Avenue, Suite 301 Internet: h2o.enrstate.nc.us Mooresville, NC 28115 Phone (704) 663-1699 Fax (704)663-6040 N °ehCarolin~ ~~aturally An Equal OpportunitylAffirmative Action Employer - 50% Recycled110% Post Consumer Paper Mr. Lindsey Riddick Page Two • Stream SL20: This stream was originally classified as intermittent for entire reach. Based on the site visit, this stream will be classified as perennial. Perennial stream characteristics were observed (the stream was re-evaluated and scored 31.5 points) in addition to the presence of various biologicals (crayfish, isopods, amphipods). • Stream SLHS: This stream was originally classified as intermittent for the entire reach. This site was not field verified. However, based on agreement between all parties in the field, the stream will be classified as perennial. The stream was originally evaluated January 24, 2008, under low flow conditions and scored 29.5 points. • Stream SLH6: This stream was originally classified as intermittent for entire reach. Based on the site visit, this stream will be classified as perennial downstream from the beginning of the wooded area. Perennial stream characteristics were observed in addition to the presence of various biologicals (many crayfish, isopods, amphipods). • Stream SL21: This stream was originally classified as intermittent for entire reach. Based on the site visit, this stream will be classified as perennial. Perennial stream characteristics were observed (the stream was re-evaluated and scored 32 points) in addition to the presence of various biologicals (crayfish, isopods, amphipods). • Wetland WL1: The wetland boundaries were evaluated and appeared to be accurate. However, DWQ staff recommends that the Wetland Rating Worksheet be revisited with increased points given to the wetland for water storage and pollutant removal. • Wetland WL2: The wetland boundaries were evaluated and appeared to be accurate. However, DWQ staff recommends that the Wetland Rating Worksheet be revisited with increased points given to the wetland for water storage, pollutant removal and aquatic life. • Wetland WLH1: The wetland boundaries were evaluated and appeared to be accurate. However, DWQ staff recommends that the Wetland Rating Worksheet be revisited with increased points given to the wetland for water storage and pollutant removal. Based on the site reviews of the jurisdictional determinations made by your consulting firm, DWQ will consider all sites identified in the jurisdictional verification package and revisions identified above as accurate. Please note, however, that DWQ is not prepared to concur with the Wetland Rating Worksheets for the project at this time. Many of the wetlands scored 20 points or lower on the DWQ Wetland Rating Worksheets. In addition, only a small number of wetlands were evaluated and these reviews were limited to an evaluation of the wetland jurisdictional boundaries, not necessarily a wetland "quality" evaluation. 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 26 .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 26 .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 Brian Wrenn, DWQ 401 Transportation 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. Mr. Lindsey Riddick Page Three To ask for a hearing, send a written petition, which conforms to Chapter 1506 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 (704) 663-1699. Sincerely, ~.~ ~ ~ ' 7 r ~ ,; ~~~~ ~ ~,~ Robert B. Krebs Surface Water Protection Regional Supervisor cc: Steve Lund, USACE Asheville Field Office William Barrett, NCDOT PDEA Sonia Gregory, DWO Wetlands Unit File Copy