20041024 Ver 9_Information Letter_20090517

NC®ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
March 17. 2009
Mr. Mike Holder, P.E., Division Engineer
North Carolina Department of Transportation, Division 12
P.O. Box 47
Shelby, NC 28151
Subject: Sediment Impacts at Parcel ID Nos. 78474 and 50217, Located on the South Side Mundy
Road and Immediately East of the Relocated NC 16 in Lincoln County
Dear Mr. Holder:
On November 6, 2008, Polly Lespinasse of the North Carolina Division of Water Quality (DWQ) visited an
undeveloped site (Parcel ID 78474) located on Mundy Road in Lincoln County. The site visit was conducted at
the request of a private citizen interested in buying the property for future development and to determine
whether there were any jurisdictional resources on the property. During the site visit, DWQ staff identified a
jurisdictional resource which appeared to be heavily impacted by sediment. The impacted jurisdictional
resource extended upstream from this parcel to an adjacent parcel (Parcel ID 50217, located to the west),
owned by North Carolina Department of Transportation (NCDOT) The origin of this feature is located on
NCDOT's property. Upon further inspection, DWQ staff determined that the source of the sediment is
NCDOT's construction activities associated with the relocation of NC 16, TIP No. R220661C, and most likely
originated from the adjacent fill slopes and stormwater outfall.
Based on the observations in November 2008, DWQ staff determined that the site contained a jurisdictional
stream and adjacent wetlands, with the wetland areas located further downstream on the privately owned
property. DWQ staff and NCDOT staff met on site in November 2008 and discussed possible options
regarding the restoration of the site.
After the site visit, NCDOT staff reviewed the Natural Resources Technical Report (NRTR) for TIP No.
R2206B/C and determined that the area was originally delineated as a wetland (no stream identified) during
the permitting phase of the project. NCDOT staff subsequently contacted Steve Lund, with the U.S. Army
Corps of Engineers (USAGE), to field verify the original wetland determination.
On March 10, 2009, Steve Lund and DWQ staff visited the site to discuss the determination and possible
restoration activities. Based on this site visit, Mr. Lund determined that the area would continue to be classified
as a wetland and that the sediment deposition within the area did not need to be removed.
Mooresville Regional Office
Location: 610 East Center Ave., Suite 301 Mooresville, NC 28115
Phone: [phone] Fax: [phone] Customer Service . 1-877-623-6748
Internet: www.ncwalerqual ty org
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JVaturally
Mr. Mike Holder, P.E.
Page Two
Please be advised that DWQ considers the sediment deposition [sediment depths exceeding three (3) feet] on
this site a violation of the State of North Carolina's Wetland Standards, specifically 15A NCAC 2B.0231 (b)(1)
and (5)(C), (D), and (F). The failure to identify the sediment release and the failure to conduct the subsequent
required abatement of the problem are also considered violations of NCDOT's NPDES Permit NCS000250,
dated March 18, 2005. However, given the overall stability of the area and the USACE's assessment of the
area, DWQ staff will not pursue restoration activities at this time.
NCDOT is reminded that future construction activities should fully comply with NCDOT's NPDES Permit. This
should include evaluations of all stormwater outfalls, with special attention provided to those that outlet to or
near jurisdictional resources.
If you have any questions or comments, please do not hesitate to contact Polly Lespinasse at [phone].
Sincerely,
/Lt d
Robert B. Krebs
Surface Water Protection Regional Supervisor
CC: Brian Wrenn, Supervisor, DWQ Transportation Permitting Unit
Steve Lund, USACE Asheville Field Office
Trish Simon, NCDOT Division 12 DEO
Ted Sherrod, NCDOT Roadside Environmental Unit
John Hennessy, DWQ NPSACOU
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