20150931 All Versions_Other Documents_20130507

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North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
David O'Loughlin
Atkins
1616 East Millbrook Rd, Suite 310
Raleigh, NC 27609
Division of Water Quality
Charles Wakiid. P. E.
Director
May 7, 2013
John E. Skvarla, III
Secretary
Subject: On-Site Determination for Applicability to the Mitigation Rules (15A NCAC 2H .0506(h)
I-77 HOV/HOT Project, I-1311C, Mecklenburg County
Dear NIr. O'Loughlin:
On March 19, 2013, at Alan Johnson, Division of Water Quality (NCDWQ) staff, conducted an on-site
determination to review drainage features located in Mecklenburg Courity for applicability to the mitigation rules
(15A NCAC 2H .0506(h)). The streams visited are/were identified as:
Stream SG - Intermittent
Stream SH - Perennial
Stream SI - Perennial
Irwin Creek - Perennial
This letter only addresses the applicability to the mitigation rules and does not approve any activity within the
Waters of the United States, or Waters of the State. Any impacts to wetlands, streams and buffers must comply
with the designated buffer rules, 404/401 regulations, water supply regulations (15A NCAC 2B .0216), and any
other required federal, state and local regulations.
The owner (or future owners) or permittee should notify NCDWQ (and other relevant agencies) of this
determination in any future correspondences concerning this property and/or project. This on-site determination
shall expire five (5) years from the date of this letter. Landowners or affected parties that dispute a determination
made by NCDWQ or Delegated Local Authority that 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 Amy Chapman, NCDWQ Wetlands/401 Unit, 1650 Mail Service Center, Raleigh,
NC 27699-1650.
Individuals that dispute a determination by NCDWQ or Delegated Local Authority that "exempts" surface water
from the mitigation rules may ask for an adjudicatory hearing. You may obtain the petition form from the office
of Administrative hearings. You must file the petition with the office of Administrative Hearings within sixty
(60) days of receipt of this notice and the date the affected party (including downstream and adjacent landowners)
is notified of this decision. A petition is considered filed when it is received in the o�ce of Administrative
Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through
Friday between the hours of 8:OOam and S:OOpm, except for official state holidays. The original and one (1) copy
of the petition must be filed with the Office of Administrative Hearings.
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Transpo�tation and Permitting Unit
1650 Mail Service Cenier, Raleigh, North Carolina 27699-1617
Location: 512 N. Salisbury Sf. Raleigh, North Carolina 27604
Phone: [phone] ! FAX: 919�07-64921 Customer Service: 1-877-623�a748
Internet: www.ncwatemuality.orq
An Equal �pportunibj'; Affirmative Action Emp!oyer
NorthCaroiina
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The petition may be fa�ced-provided the original and one copy of the document is received by the Office of
Administrative Hearings within five (5) business days following the faxed transmission.
The mailing address for the Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center �
Raleigh, NC 27699-6714
Telephone: [phone], Facsimile: (919)-431-3100.
A copy of the petition must also be served on DENR as follows:
Mr. Lacy Presnell, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
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 call Alan Johnson at 704-663-1699
or email alan [e-mail].
Sincerely,
�
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Michael L. Parker
Regional Supervisoi
Surface Water Protection
,cc: Liz Haire, Wilmington, US Army Corps of Engineers
Sonia Carrillo, Wetlands 401 Transportation