20120285_On-Site Determination_20100610 (2)

June 10 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 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 Mall 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 ules 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 [phone] Customer Service 1877-623 6/48
Internet hap lloonal ncdenr orq /w blwq
A E ual Opp rtundy 1 Affirmative Action mployer 50/ Recycled /10i Post Consumer paper
NorthCarolna
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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 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
Marcia Allocco
Acting Surface Water Protection Regional Supervisor
cc Liz Hair USACE Asheville Field Office
Sonia Carrillo DWQ Transportation Permitting Unit
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