20060364 Ver 1_On-Site Determination_20060503

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
August 2, 2007
Ms. Kimberly D. Bereis
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 8~ 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 26 .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 Mail Service
Center, Raleigh, NC 27699-1650.
NorthCarolina
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North Carolina Division of Water Quality 610 East Center Avenue, Suite 301
Internet: h2o.enr.state.nc.us Mooresville, NC 28115
Phone [phone]
Fax [phone]
An Equal Opportunity/Affirmative Action Employer- 50% Recycled110% Post Consumer Paper

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 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 [phone].
Sincerely,
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.~ Robert B. Krebs
~~ Surface Water Protection Regional Supervisor
cc: Steve Lund, USACE Asheville Field Office
Sonia Gregory, DWQ Wetlands Unit
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