20150362 Ver 1_On-Site Determination_20101101

y?y
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly.Eaves Perdue Coleen H. Sullins
Governor Director
Dee Freeman
Secretary
November 1. 2010
Mark Mickley
Environmental Scientist
Mulkey Engineers and Consultants
6750 Tryon Road .
Cary, NC 27518
SUBJECT: On-Site Determination for Applicability to the Mitigation Rules [15A NCAC 2H .0506(h)], 1
85 Widening, TIP No.s 1-3802, 1-3610 and 1-3804, Cabarrus and Rowan Counties
Dear Mr. Mickley:
Polly Lespinasse of the Division of Water Quality (DWQ) met with you, John Thomas of the U.S Army Corps of
Engineers, and representatives of the North Carolina Department of Transportation on October 5, 2010, 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 t1 5A NCAC 2H .0506(h)] The
maps containing the project corridor and associated jurisdictional resource data forms were provided in the jurisdictional
verification package received on October 5, 2010. The jurisdictional features, as identified during the field visit, 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 seven (7) stream determinations based on the field
verifications. The changes are outlined below:
• Stream SCZB: This stream was originally classified as intermittent for the entire reach within the project boundaries.
Based on the site visit, this stream will be classified as an ephemeral stream and will not be subject to the mitigation
rules.
• Stream SZD1: This stream was originally classified as intermittent for the entire reach within the project boundaries.
Based on the site visit, this stream will be classified as an ephemeral stream and will not be subject to the.mitigation
rules.
• Stream SZD2: This stream was originally classified as perennial for the entire reach within the project boundaries.
Based on the site visit, this stream will be classified as intermittent for the reach located within the project boundaries.
• Stream SZE: This stream was originally classified as perennial for the entire reach within the project boundaries.
Based on the site visit, this stream will be classified as an ephemeral stream and will not be subject to the mitigation
rules.
• Stream SZF. This stream was originally classified as intermittent for the entire reach within the project boundaries.
Based on the site visit, this stream will be classified as an ephemeral stream and will not be subject to the mitigation
rules.
Mooresville Regional Office
Location: 610 East Center Ave., Suite 301 Mooresville, NC 28115
Phone: [phone] Fax: [phone] Customer Service: 1-877-623-6748
Internet hno'lioortal.ncdenr.om/weblw0
An --Goal OooommayI Affirmative A-lion Employer- 50'/e Recycled110°; Past Consumer raper
One
North Carolina
Aawallry
Mr. Mark Mickley
Page Two
• Stream SZH: This stream was originally classified as intermittent for the entire reach within the project boundaries.
Based on the site visit, this stream will be classified as an ephemeral stream and will not be subject to the mitigation
rules.
• Stream SZZ:. This stream was originally classified as intermittent for the entire reach within the project boundaries.
Based on the site visit, this stream will be classified as an ephemeral stream and will not be subject to the mitigation
rules.
Additionally, one (1) wetland, WZZ(1), was reviewed and removed as a jurisdictional resource due to lack of hydrology
and one (1) pond, PZZ, was removed as a jurisdictional resource. Based on the site reviews of the jurisdictional
determinations made by your consulting firm, DWQ will consider all stream sites identified in the jurisdictional verification
package, and per the revisions identified above and the revisions received electronically on October 29, 2010, 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 [phone].
Sincerely,
Robert B. Krebs, Regional Supervisor
Surface Water Protection
cc: John Thomas, USACE Raleigh Field Office
Sonia Carrillo, DWQ Transportation Permitting Unit
File Copy