20191015 Ver 1_W-5601DP-streamDeterm_20180924

Environmental
Quality
SeptemUer 24, 2018
ROY COOPER
Go,�crnur
MICHAEL S. REGAN
Secr� rrn �
LINDA CULPEPPER
/n�eri�n Drrec�or
To: John Tl�omas, NC DOT Division 4, Assistant Environmental Officer
From: RoU Ridings, NC Division of Water Resources, Transportation Permitting Branch
Subject: NCDOT Project: TIP No. W-5601DP; SR 1003, Drainage Feature to UT Big Arm
Creek, Neuse Basin, Johnston County. Lat: 35.69688; Long: -78.37741
Determination for ApplicaUility to the Neuse Buffer Rules (1 SA NCAC 2B.0233 ) and the Stream Mitigation Rules
(15A NCAC 2H.0506[h]).
Dear Mr. Tho�uas:
On Septeinber 18, 2018, we receive�d your request to confirm your on-site determination of a drainage feature at tl�e
above-referenced project for applicability to the Neuse River Buffer Rules and the sh-eaul Mitigation rules. The
draina�e feahlres are approximated on referenced stream maps ii�cluded with yotu- request at tl�e following listed
coordinates.
NCDWR has confirmed that the drainage features labeled below are as follows:
Upstream (East) of SR 1003: Ephemeral; NOT Subject to Buffer Rules; Not Subject to Mitigation Rules.
Downstream (West) of SR 1003: Intermittent; Subject to Buffer Rules; Not Subject to Mitigation Rules.
No other sh-ean7 or bufFer sites were rated for this project. Also, this letter only addresses applicability to tlle NeLise
Buffer Rules and stream Mitigation Rules at the sites specifically marked on the referenced maps and does not ap�ly
to reaches of the channels outside the NCDOT project Right-of-way area, or to any other drainage featm-es in the
vicinity.
This letter only addresses the applicability to the mitigation rliles ai�d 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
Uuffers must comply with the Neuse Buffer Rules, 404/401 regulations, water supply regulations (15A NCAC 2B
.0216), and any ofller required federal, state and local reQulatioils.
Please be aware that even if no direct impacts are proposed to the �rotected buffers, sheet flow of all new
stormwater nmoff as per 15A NCAC 2B.0233 is required.
The owner (or fiiture owners) or pennittee should notify NCDWR (and other relevant �gencies) of this
detern�ination in any fi�hu•e coi�-espondences concerning this property and/or project. This on-site determination
sh�ll expire five (5) years fi-om the date of this letter.
Landowners or affected parties that dispuYe a determination made by NCDWR or Delegated Local Authority that a
surface water exists and that it is subject Yo the mitigation rules may request a deterinination by the Director. A
request for a deYermination by the Director shall be referred to the Director in writing c/o Amy Chapman, NCDWR
Transportation Permitting Branch, 1617 Mail Service Center, Raleigh, NC 2769�-1617.
Individuals that dispute a determination by NCDWR or Deleg�ted Local Authority that "exempts" a surface wate�r
fi-om the mitigation �liles may ask for an adjudicatory hearing. You may obtain the petitioi� forin from the office of
Administrative hearings. YoLi must tile the petition with the office of Admii�istrative Neariilgs within sixty (60)
days of receipt of this notice antl the date the afifiected parry (including downstream and adjace�lt landowners) is
notitied of this decision. A petition is considered filed when it is received i» the office of Admi��ist�-ative Hearings
during nornlal of�ce ho�u•s. The Office of Administrative Hearings accepts filings Monday through Friday between
`""i�r,thi���g C_n�t�����i����-> - .
State of North Caroliva I Envirom�iental QualiTy
1617 Mail Scrvice Ccntcr I Ralcigh, North Carolina 27699-1617

the hours of 8:OOam and S:OOpm, 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 call Rob Ridings at 919-707-8786.