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HomeMy WebLinkAbout20120285_Gaston East-West Corridor Email_20110824F W Gaston FW Gaston Lespinasse, Polly Sent Tuesday May 08 2012 3 30 PM To Carrillo Sonia From Wrenn, Brian Sent Wednesday, August 24, 20118 41 AM To Lespinasse, Polly Subject Gaston Page 1 of 1 I spoke with Kiersten yesterday Told her we would need until Sept 16 to review ICE Also told her we were remaining firm on design build /final design issue She seemed surprised by this and said she thought it had been worked out already I told her if NCTA submitted application we would return /put on hold as incomplete We will probably be having a meeting to discuss this issue (internally and with NCTA) 111 let you know if I hear anything different from Matt /Coleen 0 PLEASE NOTE THAT MY CONTACT INFORMATION HAS CHANGED Brian Wrenn Transportation Permitting Unit NCDWQ 1650 Mail Service Center Raleigh NC 27699 1650 919 807 6365 (phone) 919 807 6492 (fax) or 585 Waughtown St Winston Salem NC 27107 336 7714952 (phone) 336 7714631 (fax) brian wrenn @ncdenr gov 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 https //mail nc gov /owa/ ?ae= Item &t =IPM Note &id= RgAAAADMSzLcd9W2TJH14 %2bm 5/17/2012 Jajeo sr�T� m UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION 4 ATLANTA FEDERAL CENTER 61 FORSYTH STREET a11-7 c PRO' ATLANTA GEORGIA 30303 8960 April 27, 2012 Colonel Steven A Baker District Engineer Attn Ms Liz Hair U S Army Corps of Engineers Asheville Regulatory Field Office 151 Patton Avenue Room 208 Asheville, North Carolina 28801 5006 Subject Gaston East West Connector — TIP U 3321 (SAW 2009 00909) Dear Colonel Baker This is in response to your request for comments on the above referenced public notice (PN) The North Carolina Department of Transportation ( NCDOT) ( Applicant ) seeks a permit to place fill, to construct and to maintain bridges and culverts associated with the construction of a new controlled access toll road approximately 22 miles in length on new alignment within wetlands adjacent to and within waters of the United States in North Carolina NCDOT proposes permanent placement of fill matenal/bridges /culverts in a total of 36 416 linear feet of streams 7 0 acres of wetlands and 4 5 acres of jurisdictional ponds The Environmental Protection Agency Region 4 has partially reviewed the PN and other supporting information supplied by NCDOT We would like to further evaluate the applicant s information and collect additional information related to the projects and impacts Due to the large scale and complexity of the project the EPA requests a 30 day extension of the comment period until June 4, 2012 Thank you for your consideration of this request If you have any questions please feel free to contact Jeffrey Garnett of my staff at (404) 562 9314 or at garnett Jeffrey @epa gov cc Mr Scott Jones USACE Mr Brian Wrenn NCDWQ Ms Polly Lespmasse NCDWQ Sincerely, —Pr— Jennifer S Derby Chief Wetlands and Marine Regulatory Section Intemet Address (URL) http Hwww epa gov Recycled /Recyclable Printed with Vegetable Oil Based Inks on Recycled Paper (Mlnanum 30 / Postconsumer) X41a RCDENR North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor Michael C Gloden Senior Scientist PBS & J 1616 East Millbrook Road Suite 310 Raleigh NC 27609 Division of Water Quality Coleen H Sullins Director Dee Freeman Secretary June 10 2010 SUBJECT On Site Determination for Applicability to the Mitigation Rules [15A NCAC 2H 0506(h)], Gaston East West Connector, TIP No U 3321, Gaston 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 March 9 April 12 and April 13 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 May 7 and June 4 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 May 7 and June 4 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 (704) 663 16991 Fax (704) 663 -60401 Customer Service 1877-623-6748 Internet htto / /portal ncdenr orq /web /wq An Equal Opportunity 1 Affirmative Action Employer 50 / Recycled /10 / Post Consumer paper NorthCarolina Mr Michael Gloden Page Two 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 1506 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 Marcia Allocco Acting Surface Water Protection Regional Supervisor cc Liz Hair USACE Asheville Field Office Sonia Carrillo DWQ Transportation Permitting Unit File Copy *FWA AL NC NR North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor Michael Gloden PWS Senior Scientist Atkins 1616 East Millbrook Road Suite 310 Raleigh NC 27609 Division of Water Quality Coleen H Sullins Director Dee Freeman Secretary December 8 2011 SUBJECT On-Site Determination for Applicability to the Mitigation Rules [15A NCAC 2H 0506(h)], Linwood Springs 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 verification of potential jurisdictional features previously identified by you for the above referenced project 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 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 you and included in the jurisdictional verification package received electronically 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 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 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 Mooresville Regional Office Location 610 East Center Ave Suite 301 Mooresville NC 28115 Phone (704) 663 16991 Fax (704) 663 -60401 Customer Service 1877-623 6748 Internet http!/portal ncdenrorq /vveb/wg An Equal Opportunity 1 Affirmative Action Employer— 50 / Recycled /l0 / Post Consumer paper NorthCarolina Naturally Michael Gloden 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 W AT�9QG Michael F Easley Governor O�CF William G Ross Jr Secretary North Carolina Department of Environment and Natural Resources Q � Coleen H Sullins Director Division of Water Quality August 2 2007 Ms Kimberly D Berets PBS &J 5200 — 77 Center Drive Suite 500 Charlotte NC 28217 SUBJECT On Site Determination for Applicability to the Mitigation Rules [15A NCAC 2H 0506(h)], Gaston East West Connector, Gaston County Dear Ms Bereis Polly Lespinasse of the Division of Water Quality (DWQ) and Steve Lund of the U S Army Corps of Engineers met with various representatives from The Catena Group J H Carter & Associates and S &ME on April 12 13 2007 May 2 3 2007 May 10 11 2007 and June 25 26 2007 In order to provide verification of potential jurisdictional features previously identified by these consulting firms 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 final jurisdictional verification package received by this office on July 26 2007 and the jurisdictional features are approximated on this map Due to the size of the project a selection of sites were identified and visited to represent stream and wetland determinations conducted by the above referenced firms Several changes were made to the stream determinations wetland boundaries and wetland quality rating sheets based on the field verifications These changes were submitted to this agency for review in the jurisdictional determination package received July 26 2007 and appear to accurately reflect the changes required pursuant to the field verifications Based on the site reviews of the jurisdictional determinations made by the consulting firms listed above DWQ will consider all sites identified in the revised jurisdictional verification package as accurate (package revised 07/25/07 and received by this office on 07/26/07) 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 John Hennessy DWQ 401 Transportation Permitting Unit 1650 Mall Service Center Raleigh NC 27699 1650 North Carolina Division of Water Quality 610 East Center Avenue Suite 301 Internet h2o enr state nc us Mooresville NC 28115 An Equal Opportunity /Affirmative Action Employer— 50 / Recycled /10 / Post Consumer Paper Phone (704) 663 1699 Fax (704) 663 6040 NorthCarolma Naturally Ms Kimberly Bereis 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 Surface Water Protection Regional Supervisor cc Steve Lund USACE Asheville Field Office Sonia Gregory DWQ Wetlands Unit File Copy