R2632AA

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
August 18, 2009
Mr. William A. Barrett, Environmental Supervisor
N.C. Department of Transportation, PDEA - Natural Environment Unit
1598 Mail Service Center
Raleigh, NC 27699-1598
SUBJECT: Determination for Applicability to the Mitigation Rules [15A NCAC 2H .0506(h)],
Widening of NC 73 from West of US 21 to East of Highway 115, Section "AA", TIP
No. R2632AA, Mecklenburg County
Dear Mr. Barrett:
Polly Lespinasse of the Division of Water Quality (DWQ) met with you on site on August 11, 2009, regarding
the verification of a potential jurisdictional feature for the above referenced project. This feature was not
previously field verified as it occurred outside the limits of Section 'AK of the larger TIP Project. Recently the
project limits have been revised, and this feature is now located within the limits of the project boundaries for
Section "AA". This feature was 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, via e-mail, on August 13, 2009. The jurisdictional feature is approximated on these
maps.
One (1) intermittent stream was verified within the revised project boundaries. Stream "B" was field verified
during this site visit. Stream "B" will be considered a jurisdictional intermittent stream from the outlet of the
existing culvert for the reach of the stream located within the project limits. No jurisdictional determinations
were made on Stream "B" outside the project limits.
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 213 .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
Intemeti vnnv.ncwaterquality.org
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Mr. William A. Barrett
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 (704)
663-1699.
Sincerely,
Robert B. Krebs
Surface Water Protection Regional Supervisor
cc: Steve Lund, USACE Asheville Field Office
Sonia Gregory, DWQ Transportation Permitting Unit
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