20160982 Ver 1_Scoping Comments_20090324

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NC®ENR
North Carolina Department of Environment and Natural Resource:
Division of Water Quality.. -;
Beverly Eaves Perdue Coleen H. Sullins
Governor. " Director.,..:-.: .: _. ..
Dee Freeman
Secretary.,.'
March 24,2009-
Ms. Katie Tomany
Environmental Services, Inc.
524 New Hope Road
Raleigh, NC 27610
SUBJECT: On-Site Determination for Applicability to the Mitigation Rules [15A NCAC 2H .0506(h)],
NC 16 Improvements, TIP R-3100, Sections A and B, Catawba County
Dear Ms. Tomany:
Polly Lespinasse of the Division of Water Quality (DWQ) met with you and representatives of the North Carolina
Department of Transportation (NCDOT) on March 10, 2009, 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
r 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 January 30, 2009. The jurisdictional features
are approximated on these maps.
Due to the size of the project, a selection of sites (seven stream systems and five wetlands) was identified.and visited to
represent stream and wetland determinations conducted by your firm. Changes were made to five (5) stream system
determinations based on the field verifications. The changes are outlined below:
• Stream S7a and S71b (SKH/SCC): This stream was originally classified as intermittent for the entire reach within the
project boundaries. Based on the site visit, this stream will be classified as a perennial stream to a point upstream
located at Flag #3. Perennial stream characteristics were observed in addition to the presence of biology
(salamanders). The stream will be classified as intermittent from Flag #3, upstream, to the origin (headcut)
• Stream S17 and S18 (SPM/SPN/SPO/SPP): The stream was originally classified as intermittent for the entire reach
within the project boundaries. Based on the site visit, Stream 17 will continue to be classified as intermittent.
However, Stream 18 will be classified as perennial. Perennial stream characteristics were observed in addition to the
presence of biology (salamanders, crayfish, mayfly larvae).
• Stream S20: This stream was originally classified as intermittent. Based on the site visit, the stream will be classified
'I as perennial from a point (SPI4), located at the confluence, downstream. Perennial stream characteristics were
observed in addition to the presence of biology (salamanders, crayfish).
• Stream S21, S21a, b, S21c: This stream system was originally classified as intermittent. Based on the site visit,
Stream S21 and S21a, b will be considered intermittent. Stream S21C will be classified as perennial from a point
located at the confluence with Stream S21 a, b. Perennial stream characteristics were observed in addition to the
presence of biology (salamanders, crayfish).
Mooresville Regional Office
Location: 610 East Center Ave., Suite 301 Mooresville, NC 28115
Phone: [phone] Fax: [phone] Customer Service: 1-877623-6748
Internet: w .ncvvaterquallty.org
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No hCarolina
Naturally
Ms. Katie Tomany
Page Two
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. ..
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,
Robert B. Krebs
Surface Water Protection Regional Supervisor
cc: Steve Lund, USACE Asheville Field Office
Michael Turchy, NCDOT PDEA
Sonia Gregory, DWQ Transportation Permitting Unit
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