20130027_More Info Letter_20080527

CF WATF9 Michael F. Easley, Governor
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William G. Ross Jr., Secretary
??- North Carolina Department of Environment and Natural Resources

Coleen H. Sullins, Director
Division of Water Quality
May 27, 2008
Ms. Erin Cheely, Environmental Specialist
NCDOT, Natural Environment Unit, Project Management Group
1548 Mail Service Center
Raleigh, NC 27699
SUBJECT: On-Site Determination for Applicability to the Mitigation Rules [15A
NCAC 2H .0506(h)], Proposed Interchange Improvement of 1-77 at SR
5544 (Catawba Avenue), TIP No. 1-4733, Mecklenburg County
Dear Ms. Cheely:
Polly Lespinasse of the Division of Water Quality (DWQ) visited the site on May 7, 2008 in order to
provide verification of potential jurisdictional features previously identified by your agency 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 6, 2008. 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. The sites visited were Streams SB, SD, SE, SF, SG,
SJ, and SM. Wetland WA was also visited.
Based on the site reviews of the jurisdictional determinations made by your agency, DWQ will
consider all sites identified in the jurisdictional verification package 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.
North Carolina Division of Water Quality 610 East Center Avenue, Suite 301
Internet: h2o.enr.state.nc.us Mooresville, NC 28115
Phone[phone]
Fax [phone]
NorthCarolina
Naturally
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Ms. Erin Cheely
Page Two
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
Surface Water Protection Regional Supervisor
cc: Steve Lund, USACE Asheville Field Office
Sonia Gregory, DWQ Wetlands Unit
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