20150362 Ver 1_On-Site Determination_20120614

Aja
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild Dee Freeman
Governor Director Secretary
June 14 2012
Brian Dustin Environmental Scientist
Mulkey Engineers & Consultants Inc
6750 Tryon Road
Cary NC 27511
SUBJECT On -Site Determination for Applicability to the Mitigation Rules [15A NCAC
2H 0506(h)], 185 Widening Project, 1 -3802, Cabarrus County
Dear Mr Dustin
Polly Lespinasse of the Division of Water Quality (DWQ) and John Thomas of the U S Army Corps of
Engineers (USACE) met with you and representatives from the North Carolina Department of
Transportation at the above referenced site on May 2 2012 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)] The determinations were based on completion of the NCDWQ Stream identification
Forms USACE Wetland Determination Data forms and an evaluation of existing site conditions All
Jurisdictional features as identified by your consulting firm and included in the jurisdictional
verification package received electronically on April 24 2012 will be considered accurate with the
exception of the following
• Stream SC 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 (salamanders crayfish damselfly larvae)
• Stream SG This feature was originally classified as intermittent for the entire reach Based
on the site visit approximately five (5) feet of the upper end of the stream will be considered as
intermittent The remaining downstream portion within the project boundaries will be
considered a drainage feature within a jurisdictional wetland
• Stream SB This feature was originally classified as intermittent for the entire reach Based on
the site visit the feature will be considered a drainage feature within a jurisdictional wetland
• Pond PA This pond will not be considered jurisdictional
Mooresville Regional Office
Location 610 East Center Ave Suite 301 Mooresville NC 28115
Phone [phone] Fax [phone] Customer Service 1 877 623 6748
Internet http llportal ncdenr orglweblwg
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NorthCarolina
NtIAMUlly

Mr Brian Dustin
Page Two
Wetland WT This wetland was originally identified as jurisdictional Based on the site visit
and the determination of the USACE representative this feature will not be considered a
jurisdictional wetland
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 213 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 1508 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 Regional Supervisor
Surface Water Protection
cc John Thomas USACE Raleigh Field Office
Sonia Carrillo NCDWQ Transportation Permitting Unit
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