20241379_BufferDeterm_HL-0133G

Docusign Envelope ID: B488423E-BA5D-4A52-AD58-4lA3B9CEE822
ROY COOPER
Governor
MARY PENNY KELLEY
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
October 14, 2024
To: Mitchell Wimberley, Environmental Specialist, NCDOT Division 5
From: Rob Ridings, NC Division of Water Resources, Transportation Permitting Branch
Subject: DOT Project TIP# HL-0133G: East Garner Road (SR 1004), Wake County. DWR#20241379
Determination for Applicability to the Neuse Buffer Rules (15A NCAC 2B.0714)
Dear Mr Wimberley:
The NC Division of Water Resources Transportation Permitting Branch reviewed your Buffer Determination
Package for the above project. The drainage features are mapped and rated on the referenced Buffer determination
package on maps and stream forms received by DWR on October 10, 2024.
NCDWR has confirmed that the drainaue features approximated on the Determination Package are as
follows:
Feature 1 (aprox Lat 35.70265, Long-78.58258): Nonexistent in field (paved over by freeway): NOT subject
to Buffer Rules
No other mapped stream or buffer sites were included in this request package. Also, this letter only addresses
applicability to the Neuse Buffer Rules at the sites specifically referenced and does not apply to reaches of the
channels further downstream, or upstream, outside the project area in the referenced package, or to any other
drainage features in the vicinity.
This letter only addresses the applicability to the buffer rules and does not approve any activity within the buffer,
Waters of the United States, or Waters of the State. Any impacts to wetlands, streams and buffers must comply with
the Neuse Buffer Rules, 404/401 regulations, water supply regulations (15A NCAC 2B .0216), and any other
required federal, state and local regulations.
Please be aware that even if no direct impacts are proposed to the protected buffers, sheet flow of all new
stormwater runoff as per 15A NCAC 213.0714 is required.
The owner (or future owners) or permittee should notify NCDWR (and other relevant agencies) of this
determination in any future correspondences concerning this property and/or project. This on -site determination
shall expire five (5) years from the date of this letter.
Landowners or affected parties that dispute a determination made by NCDWR 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 Susan Locklear, NCDWR
Transportation Permitting Branch, 1617 Mail Service Center, Raleigh, NC 27699-1617.
Individuals that dispute a determination by NCDWR or Delegated Local Authority that "exempts" a surface water
from the buffer rules may ask for an adjudicatory hearing. You may obtain the petition form from the office of
Administrative hearings. You must file the petition with the office of Administrative Hearings within sixty (60)
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
Noan+cae+ourrn �
m„ eri a�anN 919.707.9000

Docusign Envelope ID: B488423E-BA5D-4A52-AD58-41A3B9CEE822
days of receipt of this notice and the date the affected party (including downstream and adjacent landowners) is
notified of this decision. A petition is considered filed when it is received in the office of Administrative Hearings
during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between
the hours of 8:00am and 5:00pm, except for official state holidays. The original and one (1) copy of the petition
must be filed with the Office of Administrative Hearings.
The petition may be faxed -provided the original and one copy of the document is received by the Office of
Administrative Hearings within five (5) business days following the faxed transmission.
The mailing address for the Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone: [phone], Facsimile: [phone]
A copy of the petition must also be served on DEQ as follows:
Mr. Sam M. Hayes, General Counsel
Department of Environmental Quality
1601 Mail Service Center
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 Rob Ridings at 919-707-8786
or [e-mail].
Sincerely,
Es
Signed by:
(ASaAA, th&& t,av'
04351FO33762414...
Richard E. Rogers, Jr, Director
Division of Water Resources
D � North Carolina Department of Environmental Quality j Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center Raleigh, North Carolina 27699-1617
NORTHCAF10uNA
�^�^^�*^^^^^ o^•\ r 919.707.9000