20020672_On-Site Determination_20100803

NCENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly,Eaves Perdue Colleen H. Sullins Dee Freeman
Governor Director Secretary
August 3, 2010
Michael C. Gloden, Senior Scientist
PBS & J
1616 East Millbrook Road, Suite 310
Raleigh, NC 27609
SUBJECT: On-Site Determination for Applicability to the Mitigation Rules [15A NCAC 2H
.0506(h)], Gaston East-West Connector, TIP No.s R-3329 and R-2559, Union and
Mecklenburg Counties
Dear Mr. Gloden:
Polly Lespinasse of the Division of Water Quality (DWQ) met with you, and Liz Hair, of the U.S. Army Corps of
Engineers, on May 26-27, and June 9, 2010, 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 and associated jurisdictional resource data forms were provided in the jurisdictional verification
package received electronically by this office on July 9, 2010. The jurisdictional features, as identified during
the field visit, are approximated on these maps.
Based on the site reviews of the jurisdictional determinations made by your consulting firm, DWQ will consider
all sites identified in the jurisdictional verification package (provided electronically July 9, 2010) 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.
Mooresville Regional Office
Location. 610 East Center Ave., Suite 301 Mooresville, NC 28115
Phone: [phone] Fax'. (704) 663-60401 Customer Service: 1-877-623-6748
Internet: httoa/oortal.ncdenr.orolwehlwa
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NortliCarolina
Mr. Michael Gloden
Page Two
i 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,
/7
r ??--
Robert B. Krebs, Regional Supervisor
Surface Water Protection
cc: Liz Hair, USACE Asheville Field Office
Sonia Carrillo, DWQ Transportation Permitting Unit
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