Mallard Creek Rd Improvements

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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. M. Todd Milam, Project Scientist
Environmental Services, Inc.
524 South New Hope Road
Raleigh, NC 27610
SUBJECT: On-Site Determination for Applicability to the Mitigation Rules [15A
NCAC 2H.0506(h)], Mallard Creek Road Improvements, TIP No. R-2507A,
Mecklenburg County
Dear Mr. Milam:
Polly Lespinasse of the Division of Water Quality (DWQ) met with you, and Steve Lund of the US
Army Corps of Engineers on April 9, 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 on April 3, 2008, via e-mail correspondence. The jurisdictional features are approximated on
these maps.
All of the jurisdictional sites were evaluated with the exception of Stream S9 and Wetland W5. Based
on the site evaluations, one change was made. Wetland W4 was delineated and a significant nexus
form completed by your firm in order to determine if the wetland falls under the jurisdiction of the US
Army Corps of Engineers. After further evaluation by Mr. Lund, it was determined that Wetland W4 is
"isolated" and therefore under the jurisdiction of DWQ only. An isolated wetlands permit will be
required if impacts to the wetland are proposed as part of the road construction.
Based on the site reviews of the jurisdictional determinations made by your consulting firm, JDWQ will
consider all sites identified in the jurisdictional verification package and revision 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]
N thCarolina
Noaturally
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Mr. M. Todd Milam
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 [phone].
Sincerely,
11 ZZ--
Robert B. Krebs
Surface Water Protection Regional Supervisor
cc: Steve Lund, USACE Asheville Field Office
Sonia Gregory, DWQ Wetlands Unit
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