20120285_On-Site Determination_20111208

Beverly Eaves Perdue
Governor
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NCDENR
North Carolina Department of Environment and IVatural Resources
Division of Water Quality
Coleen H Sullins
Director
Michael Gloden PWS Senior Scientist
Atkins
1616 East Millbrook Road Suite 310
Raleigh NC 27609
Dee Freeman
Secretary
December 8 2011
SUBJECT On-Site Determination for Appiicability to the Mitigation Rules [15A NCAC
2H 0506(h)], Linwood Spr�ngs Golf Course, Proposed Mitigation Area for
Impacts Associated with the Proposed Construction of the Gaston East-
West Connector, STIP U-3321, Gaston County
Dear Mr Gloden
Polly Lespinasse of the Division of Water Quality (DWQ) and Liz Hair of the U S Army Corps of
Engineers (USACE) met with you at the above referenced site on August 4 2011 in order to provide
venfication of potential �urisdictional features previously identified by you for the above referenced
pro�ect The features were evaluated for applicability to the mitigation rules set forth in [15A NCAC
2H 0506(h)] Based on the site review several streams and wetlands were identified throughout the
pro�ect boundaries The determinations were based on completion of the NCDWQ Stream
Identification Forms USACE Wetland Determination Data forms and an evaluation of existing site
conditions All �unsdictional features as identified by you and included in the �urisdictional verification
package received electron►cally December 2 2011 will be considered 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)
appl�cable 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 sub�ect 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 Karen Higgins DWQ 401 Permitting Unit 1650 Mail Service Center Raleigh
NC 27699 1650
Mooreswlle Regional Office
Location 610 East Center Ave Suite 301 Mooreswlle NC 28115
Phone [phone] \ Fax [phone] \ Customer Service 1 877 623 6748
Intemet htto llportal ncdenr ora/web/wq
An Equal Opportunity 1 Affirmative Action Employer 50 / Recycled/10 Post Consumer paper
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NorthCarollna
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Michael Gloden
Page Two
Individuals that dispute a determination by the DWQ or Delegated Local Authonty that exempts a
surface water from the mitigation rules may ask for an ad�udicatory heanng You must act within 60
days of the date that you receive this letter Appiicants are hereby notified that the 60-day statutory
appeal time does not start until the affected parties (including downstream and ad�acent 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 Heanngs 6714 Mail Service Center Raleigh N C 27699-6714 This determination is
final and binding unless you ask for a heanng within 60 days
If you have any additional questions or require additional information please contact Polly Lespinasse
at [phone]
Sincerely
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Robert B Krebs Regional Supervisor
Surface Water Protection
cc Liz Hair USACE Asheville Field Office (electronic copy)
Sonia Carrillo DWQ 401 Transportation Permitting Unit
File Copy