20011274 Ver 1_On-Site Determination_20080908

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(i)/ /2 ?71 Michael F Easley, Governor
William G Ross Jr, Secretarv
North Carolina Department of Environment and Natural Resources
Coleen H Sullins, Director
Division of Water Quality
September 8, 2008
Ms Anna Reusche, Environmental Analyst
Kimley-Horn and Associates, Inc
333 Fayetteville Street, Suite 600
Raleigh', NC 276015
SUBJECT On-Site Determination for Applicability to the Mitigation Rules [15A NCAC 2H
0506(h)], Widening of NC 49 from SR 2630 (Cline Road) to SR 2444 (St Stephens
Church Road), TIP No R-2533 CC/CD, Cabarrus County
Dear Ms Reusche
Polly Lespinasse of the Division of Water Quality (DWQ) met with representatives of both your firm and the North
Carolina Department of Transportation (NCDOT) on September 4, 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 August 13, 2008, 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 Changes were made to five (5) stream determinations and one (1) wetland
determination based on the field verifications The changes are outlined below
• Stream SB 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 in addition to the presence
of biology (fish)
• Stream SK This stream was originally classified as ephemeral for the entire reach Based on the site visit, this
stream will continue to be classified as an ephemeral stream for a length of approximately 50 feet downstream
from its origin (culvert/ditch in road) At this point, a large headcut is apparent and intermittent stream
characteristics were identified Stream SK will be considered to be an intermittent stream from this feature (large
headcut) downstream
• Stream SP This stream was originally classified as intermittent for the entire reach Based on the site visit, this
stream will be classified as perennial Perennial stream characteristics were observed in addition to the presence
of biology (crayfish)
• Stream SS This stream was originally classified as intermittent for entire reach Based on the site visit, this
stream will be classified as both ephemeral and intermittent The ephemeral reach is upstream of a large debris
jam/minor headcut located in a section of the stream that runs parallel to NC 49 (this point was identified by
Kimley-Horn staff, using GPS, while on site) The intermittent reach is located downstream of this point to its
confluence with Stream SQ
• Stream SU 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 in addition to the presence
of biology (fish)
• Wetland WC The limits of this wetland will be expanded based on the site visit Additional information will be
provided by the consultant to include the new wetland boundaries and a revised NCDWQ Wetland Rating
Worksheet
Mailing Address Phone [phone] Location °Q°pthCarola
610 East Center Avenue, Suite 301 Fax [phone] East Center Avenue Suite 301 N? lthCar ?1
Mooresville, NC 28115 Mooresville, North Carolina
Internet i%w% ncwateruuality ote Customer Service 1-877-623-6748
An Equal Opportunity/Affirmative Action Employer - 50% Recycledl10% Post Consumer Paper
Ms Anna Reusche
Page Two
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
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 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
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 (704) 663-
1699
Sincerely,
Robert B Krebs
Surfarce Water Protection Regional Supervisor
cc Steve Lund, USACE Asheville Field Office
Jason Dilday, NCDOT PDEA
Sonia Gregory, DWQ Wetlands Unit
File Copy
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