20160679 Ver 1_On-Site Determination_20091008

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North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Colleen H. Sullins Dee Freeman
Governor Director Secretary
October 8, 2009
Mr. Brett Feulner, Senior Environmental Specialist
North Carolina Department of Transportation
PDEA I Natural Environment Unit
1598 Mail Service Center
Raleigh, NC 27699-1598
SUBJECT: On-Site Determination for Applicability to the Mitigation Rules [15A NCAC 2H
.0506(h)], NC 273 Improvements from Tuckaseege Road to Highland Street at
South Main Street, TIP U-3633, Gaston County
Dear Mr. Feulner:
Polly Lespinasse of the Division of Water Quality (DWQ) met with you and Mr. William Barrett of the North
Carolina Department of Transportation (NCDOT), and Steve Lund with the U.S. Army Corps of Engineers on
September 28, 2009, in order to provide verification of potential jurisdictional features previously identified by
NCDOT 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 electronically by this office on August 24, 2009. The jurisdictional
features are approximated on these maps.
Based on the site reviews of the jurisdictional determinations made by NCDOT, DWQ will consider all sites
identified in the jurisdictional verification package, and revisions received electronically on October 1,
2009, 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.
Mooresville Regional Office
Location: 610 East Center Ave., Suite 301 Mooresville, NC 28115
Phone: [phone] Fax: [phone] Customer Service: 1.877£23-6748
Internet: w .ncwateiqualiycrg
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Mr. Brett Feulner
Page Two
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.
C/SirelY,
Robert B. Krebs
Surface Water Protection Regional Supervisor
cc: Steve Lund, USACE Asheville Field Office
Sonia Gregory, DWQ Transportation Permitting Unit
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