20181416_Stream Call Letter_20080411

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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
April 11, 2008
Mr. John Jamison, Environmental Scientist
HDR Engineering, Inc. of the Carolinas
3733 National Drive, Suite 207
Raleigh, NC 27612
SUBJECT: On-Site Determination for Applicability to the Mitigation Rules [15A NCAC 2H
.0506(h)], NC 24/27 Widening, TIP No. R-2527, Montgomery County
Dear Mr. Jamison:
Polly Lespinasse of the Division of Water Quality (DWQ) met with you on March 26, 2008, 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 were provided in the jurisdictional verification
package received by this office in March 2008 via your company's FTP site. The jurisdictional features are
approximated on these maps.
Due to the size of the project, a selection of sites was identified and visited to represent stream and wetland
determinations conducted by your firm. Seven (7) features were evaluated to include ephemeral, intermittent,
and perennial streams. Changes were made to three (3) stream determinations based on the field verifications.
The changes/comments are outlined below:
• Stream SH: This stream was originally classified as intermittent for the entire reach. Perennial stream
characteristics were observed (the stream was re-evaluated and scored 32.5 points) in addition to the
presence of various biologicals (crayfish, fish).
• Stream SH1: This stream was identified during the field evaluation of Stream SH. This tributary appeared
to be a separate, intermittent branch of Stream SH and must be included as a jurisdictional feature.
• Stream S1: This stream was originally classified as Otermittent for the entire reach, with a score of 19.
Perennial stream characteristics were readily observed. Based on agreement between both parties in the
field, the stream will be classified as perennial.
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 and revisions identified above 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.
North Carolina Division of Water Quality 610 East Center Avenue, Suite 301 Phone [phone]
Internet: h2o.enr.state. nc.us Mooresville, NC 28115 Fax [phone]
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An Equal Opportunity/Affirmative Action Employer - 50% Recycledl1 0% Post Consumer Paper
Mr. John Jamison
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,
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Robert B. Krebs
Surface Water Protection Regional Supervisor
cc: Richard Spencer, USACE Wilmington Field Office
Sonia Gregory, DWQ Wetlands Unit
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