20030812 Ver 1_General Correspondence_20080416

T~9QG Michael F. Easley, Governor
0~ WA
y William G. Ross Jr., Secretary
t North Carolina Department of Environment and Natural Resources
'C Coleen Sullins, Director
Division of Water Quality
April 16, 2008

Amy James
NCDOT Natural Environment Unit
1598 Mail Service Center
Raleigh, NC 27699-1598

Subject: U-3334A, Booker Dairy Road, Johnston County, UT to Buffalo Creek.

Determination for Applicability to the Neuse Buffer Rules (15A NCAC 2B .0233)

Dear Ms. James:

On March 18, 2008, Rob Ridings of the Transportation Permitting Unit conducted an on-site determination to review the
referenced site for applicability to the Neuse River Buffer Rules. It was determined that the feature was a perennial
stream and subject to the Neuse Buffer Rules. DOT followed-up with a letter dated April 8, 2008 seeking clarification
on Buffer Rule applicability, because DOT estimated that the Soil Survey map shows the stream approximately 170 feet
from the existing pipe.

According to 15A NCAC 02B.0233(3), if the surface water is "approximately shown" on the Soil Survey map, the rules
apply. DWQ believes that at this location, the feature on the map is close enough to qualify as "approximately shown" at
least on the south side (outlet) of Booker Dairy Road.
Therefore, the Division of Water Quality (DWQ) has determined that the referenced stream feature on
the attached maps is subject to the Neuse Buffer Rules starting at the pipe outlet on Booker Dairy Road.
Please note that no other features at the site were evaluated.

This letter only addresses the applicability to the Neuse Buffer Rules and does not approve any activity within Waters of
the United States or Waters of the State. Any impacts to wetlands, streams and protected 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.
The owner (or future owners) or permittee should notify the DWQ (and other relevant agencies) of this decision 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 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 John Hennessy, DWQ 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 party (including downstream and adjacent landowners)~s
N r hCarolina
Naturally
North Carolina Division of Water Quality 2321 Crabtree Blvd, Suite 250 Phone [phone]
Internet: h2o.enr.state.nc.us Raleigh, NC 27604 FAX [phone]
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper

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 call Rob Ridings at 919-733-9817.

Sincerely,

Brian Wrenn
DWQ Transportation Permitting Unit

Attachments: Map of drainage feature indicated

cc: DWQ Raleigh Regional Office copy
DWQ Wetlands 401 Transportation Unit file copy

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