20141271 Ver 1_On-Site Determination_20111003

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H Sullins Dee Freeman
Governor Director Secretary
0
Kevin Lapp
AECOM
701 Corporate Center Drive
Raleigh NC 27607
October 3 2011
SUBJECT On Site Determination for Applicability to the Mitigation Rules [15A NCAC
2H 0506(h)], Derita Road Widening Project U 4910, Cabarrus County
Dear Mr Lapp
Polly Lespinasse of the Division of Water Quality (DWQ) and Liz Hair of the U S Army Corps of
Engineers (USACE) met with you and other representatives from your consulting firm at the above
referenced site on September 28 2011 in order to provide verification of potential jurisdictional
features previously identified by your consulting firm for the above referenced project The features
were evaluated foil applicability to the mitigation rules set forth in [15A NCAC 2H 0506(h)] Based on
the site review four (4) streams and six (6) wetlands were identified throughout the project
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
jurisdictional features as identified by your consulting firm and included in the jurisdictional
verification package received August 11 2011 will be considered accurate with the exception of
Stream 1 The origin of Stream 1 shall be changed to a location approximately 25 feet upstream of
the previously established origin
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 213 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 213 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
deteimination 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
Mooresville Regional Office
Location 610 East Center Ave Suite 301 Mooresville NC 28115
Phone [phone] Fax [phone] Customer Service 1 877 623 6748
Internet http /!portal ncdenr orglwebiwg
An qual 0poortunity 1 Affirmativ Action molove 50 R cy led /10 Post Consum r oaoer
Oile
Noi ih Cai oli na

William A Barrett
Page Two
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 Regional Supervisor
Surface Water Protection
cc Liz Hair USACE Asheville Field Office (electronic copy)
Sonia Carrillo DWQ 401 Transportation Permitting Unit
File Copy