20120673_On-Site Determination_20090608

NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Colleen H. Sullins
Governor Director
Ms. Gail Tyner
Environmental Services, Inc.
524 New Hope Road
Raleigh, NC 27610
SUBJECT: On-Site Determination for Applicability to the Mitigation Rules [15A NCAC 2H
.0506(h)], Shelby Bypass, TIP No. R-2707, Cleveland County
Dear Ms. Tyner:
Dee Freeman
Secretary
June 8, 2009
Polly Lespinasse of the Division of Water Quality (DWQ) met with you and representatives of your firm, Steve
Lund of the U.S. Army Corps of Engineers and representatives, of the North Carolina Department of
Transportation on June 2 and 3, 2009, 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 May 14, 2009. The
jurisdictional features are approximated on these maps.
Due to the size of the project, a selection of sites was it
determinations conducted by your firm. Changes were
field verifications. The changes are outlined below:
entified and visited to represent stream and wetland
made to three (3) stream determinations based on the
Stream 2-1: 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 a perennial stream within the project
boundaries. Perennial stream characteristics were observed in addition to the presence of biology
(salamanders).
• Stream 4-26: 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 intermittent stream with an
ephemeral reach (for a distance of approximately 250 feet) to its confluence with perennial stream 4-22.
The intermittent/ephemeral point shall be located where water is no longer apparent in the streambed.
• Stream 8-1: 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 ephemeral and therefore not 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 revisions identified above, as
accurate. Please note that this verification letter does not provide concurrence with the wetland quality
rating determinations included in the jurisdictional package.
Mooresville Regional Office
Location: 610 East Center Ave., Suite 301 Mooresville, INC 28115
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Ms. Gail Tyner
Page Two
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
Surface Water Protection Regional Supervisor
cc: Steve Lund, USACE Asheville Field Office
Jeff Hemphill, NCDOT PDEA
Sonia Gregory, DWQ Transportation Permitting Unit
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