SW3200601_04_SpeedwaySubstation_MooresvilleDEQ_20201020

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Smith, Shane
From:Johnson, Alan <[e-mail]>
Sent:Friday, October 9, 2020 1:24 PM
To:Lester, Jennifer; Moore, James
Subject:RE: [External] Speedway Substation - Central DWR Stormwater Comment
Categories:External
If the corps called the channel/feature ephemeral, then they consider it non JD and it is not
regulated under the 404/401 rules/reg.
I will concur with that decision.
Thanks
Alan Johnson
Alan D Johnson – Senior Environmental Specialist
NC Dept. of Environment & Natural Resources (NCDENR)
Division of Water Resources - Water Quality Regional Operations
610 East Center Ave., Suite 301, Mooresville, NC 28115
Phone: [phone] Fax: [phone]
E-mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be
disclosed to third parties unless the content is exempt by statute or other regulation.
From: Lester, Jennifer [mailto:[e-mail]]
Sent: Friday, October 9, 2020 12:33 PM
To: Moore, James <[e-mail]>; Johnson, Alan <[e-mail]>
Subject: RE: [External] Speedway Substation - Central DWR Stormwater Comment
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
[e-mail]
Thanks, James!
Alan—for context the comment below refers to a stream which shows out up as a blue-line on the USGS map, however,
during our field delineation/AJD determination with the USACE was called as ephemeral.
Are you available during any of the times below to discuss/share screens if needed?
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Best,
Jennifer Lester |Civil Analyst
Kimley-Horn |421 Fayetteville Street, Ste 600, Raleigh, NC 27601
Direct: 919.677.2069 | Main: 919.677.2000
Celebrating 13 years as one of FORTUNE’s 100 Best Companies to Work For
From: Moore, James <[e-mail]>
Sent: Friday, October 9, 2020 11:59 AM
To: Lester, Jennifer <[e-mail]>
Cc: Johnson, Alan <[e-mail]>
Subject: RE: [External] Speedway Substation - Central DWR Stormwater Comment
Alan need your help on this one, please see below and advise.
From: Lester, Jennifer [mailto:[e-mail]]
Sent: Friday, October 9, 2020 11:43 AM
To: Khan, Zahid <[e-mail]>; Moore, James <[e-mail]>
Cc: Leonard, Shannon <[e-mail]>
Subject: [External] Speedway Substation - Central DWR Stormwater Comment
CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to
[e-mail]
Zahid & James,
Good morning—hope you are both doing well!
We received a comment as part of our Post-Construction Stormwater Review for the Speedway Substation site in
Cabarrus County which requires some coordination with your office. Please see below for reference:
-Original Comment 2, Surface Water Areas – The way we define it, surface waters are present on-site if they
appear as a blue line stream on the USGS topographic map (Which appears to be the case with the ephemeral
stream). If you believe that the USGS topographic map is incorrect and that there are no surface waters located
on-site, you can appeal per 15A NCAC 02B .0233(3)(a) via 15A NCAN 02H .1017(10) –
“EXEMPTION WHEN AN ON-SITE DETERMINATION SHOWS THAT SURFACE WATERS ARE NOT
PRESENT. When a landowner or other affected party believes that the maps have inaccurately depicted
surface waters, he or she shall consult the Division or the appropriate delegated local authority. Upon
request, the Division or delegated local authority shall make on-site determinations. Any disputes over
on-site determinations shall be referred to the Director in writing. A determination of the Director as to
the accuracy or application of the maps is subject to review as provided in Articles 3 and 4 of G.S. 150B.
Surface waters that appear on the maps shall not be subject to this Rule if an on-site determination
shows that they fall into one of the following categories.
i.Ditches and manmade conveyances other than modified natural streams unless constructed
for navigation or boat access.
ii.Manmade ponds and lakes that are located outside natural drainage ways.
iii.Ephemeral (stormwater) streams.”
The important takeaway from this is that the on-site determination must be made by our Division, not an outside
consultant. To set up this on-site determination, you should reach out to the Mooresville Regional Office and they
will be able to assist you.
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Alternatively, you can account for the ephemeral stream as a surface water and it shouldn’t negatively impact
the project or require any redesigning. There are two items that on-site surface waters impact, the project
area/percent BUA calculations and the required vegetated buffer. With regard to the project area/percent BUA
calculations, the impact of including the on-site surface waters should be negligible since the surface water area
is relatively small compared to the rest of the site and the proposed %BUA is well below the maximum allowable
(24%). With regard to the vegetated buffer, the rules require a 30 foot horizontal buffer landward of all surface
waters. This buffer is essentially a BUA exclusion zone and it does not appear that any proposed BUA is located
closer than 30 feet to the surface waters so this should also be negligible.
Please either:
1)Contact the Mooresville Regional Office to set up an on-site surface water determination. Please
provide me the results of the determination once it has been complete. If the results indicate on-site
surface waters, please see “2)”, otherwise no further action is required to address this item.
2)Redo the project area and percent impervious area calculations (Section IV, 6-8 & Low Density
Supplement) and include a vegetated buffer around the surface waters on the plans.
Are either of you available at the following times to hop on a call and discuss?
·Today 10/9 – 2pm, 3pm
·Mon 10/12 – 1:30pm
·Tues 10/13 – 11am
Please let me know if any of those work and I will send out an invite. I’ve also CC’d Shannon who reviewed the E&SC
submittal.
Thank you!
Jennifer Lester |Civil Analyst
Kimley-Horn |421 Fayetteville Street, Ste 600, Raleigh, NC 27601
Direct: 919.677.2069 | Main: 919.677.2000
Celebrating 13 years as one of FORTUNE’s 100 Best Companies to Work For