20130718_Stream Call Letter_20090401

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Colleen H. Sullins Dee Freeman
Governor Director Secretary
April 1, 2009
Ms. Cindy Carr
Mulkey Engineers & Consultants
P.O. Box 33127
Raleigh, NC 27636
SUBJECT: On-Site Determination for Applicability to the Mitigation Rules [15A NCAC 2H .0506(h)],
B-5137, Bridge No. 215 Replacement over Mountain.Creek, SR 1542, Stanly County
Dear Ms. Carr:
Polly Lespinasse of the Division of Water Quality (DWQ) visited the site on March 31, 2009, in order to provide verification
of potential jurisdictional streams previously identified by your consulting firm for the above referenced project. These
streams 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 February 11, 2009.
The jurisdictional features (streams and wetlands) are approximated on these maps.
Based on the field verification of the streams located within the project boundaries, a change was made to one (1)
determination and is outlined below:
• Stream S1 (Unnamed tributary to Mountain Creek): This stream was originally classified as ephemeral for the entire
reach within the project boundaries (DWQ Stream Identification Form score of 16.5). Based on the site visit, this
stream will be classified, within the project boundaries, as intermittent from the outlet of the culvert downstream.
DWQ staff re-evaluated the reach using the DWQ Stream Identification Form and the stream received a score of 21.5
(additional points received from hydrology and biology). Please note that crayfish were identified at the outlet of the
culvert.
Based on the site reviews of the jurisdictional determinations made by your consulting firm, DWQ will consider the stream
sites identified in the jurisdictional verification package, and revisions identified above, as accurate. Please note that
the DWQ staff did not conduct a verification of wetland boundaries on this project.
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.
Mooresville Regional Office
Location: 610 East Center Ave., Suite 301 Mooresville, NC 28115
Phone: [phone] Fax: [phone] Customer Service: 1-877-623-6748
Internet: w .ncvvaterqualiy.org
An Equal Opportunily `, Affirmative Action Employer -50% Recyclea110% Post Consumer paper
NorthCarolina
Naturally
Ms. Cindy Carr
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 1508 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, e
JCRu be rt B Krebs
rface Water Protection Regio al Supervisor
CC] Steve Lund, USACE Asheville Field Office
Sonia Gregory, DWQ Transportation Permitting Unit
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