20090406 Ver 1_More Info Received_20090810

NC®ENR
North Carolina Department of Environment ana Natural Resources
Division of Water Quality -
Beverly Eaves Perdue - Coleen H. Sullins Dee Freeman
Governor Director Secretary
August 10, 2009
Mr. Sandy Smith
Axiom Environmental, Inc.
20 Enterprise Street, Suite 7'
Raleigh, NC 27607
SUBJECT: Determination for Applicability to the Mitigation Rules [15A NCAC 2H .0506(h)],
Piedmont & Northern Railroad Cedar Yard, Mecklenburg County
Dear Mr. Smith:
Polly Lespinasse of the Division of Water Quality (DWQ) has reviewed the information you submitted regarding
the 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 August 5, 2009. The jurisdictional feature is approximated on these maps.
One (1) perennial stream, Irwin Creek, was identified by your firm within the project boundaries.
Based on the review of the jurisdictional determination made by your consulting firm. DWQ will consider the
jurisdictional verification package 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.
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.nmaterquality.org
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Mr. Sandy Smith
Page Two
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,
l
Robert B. Krebs
Surface Water Protection Regional Supervisor
cc: Steve Lund, USACE Asheville Field Office
Marc Hamel, NCDOT Rail Division
Sonia Gregory, DWQ Transportation Permitting Unit
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