R-2814D Ver 1_R-2814D_BufferDeterm_20190530

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
NORTH CAROLINA
Environmental Quality
May 30, 2019
To: Brett Feulner, Senior Environmental Scientist, Dewberry Engineers
From: Rob Ridings, NC Division of Water Resources, Transportation Permitting Branch
Subject: NCDOT Project: R-2814-D, US 401, Franklin County, Tar -Pamlico Basin.
Determination for Applicability to the Tar -Pamlico Buffer Rules (15A NCAC 2B.0259) and Mitigation Rules (15A
NCAC 2H.0506[h]).
Dear Mr. Feulner:
On May 28, 2019, NC Division of Water Resource received your request to confirm your on -site determinations of
various drainage features at the above -referenced project for applicability to the Tar -Pamlico Buffer Rules and
Stream Mitigation Rules. The drainage features are approximated on referenced Jurisdictional Determination
package received by DWR.
has confirmed that the drainage features labeled below are as follows:
Cedar Creek: Perennial. Subject to Buffer Rules. Subject to Mitigation Rules.
Wolfpen Branch: Perennial. Subject to Buffer Rules. Subject to Mitigation Rules.
SA: Perennial. Subject to Buffer Rules. Subject to Mitigation Rules.
SB: Perennial. Subject to Buffer Rules. Subject to Mitigation Rules.
SC: Perennial. NOT subject to Buffer Rules, (Unmapped). Subject to Mitigation Rules.
SD: Perennial. Subject to Buffer Rules. Subject to Mitigation Rules.
SE: Perennial. Subject to Buffer Rules. Subject to Mitigation Rules.
SF: Perennial. Subject to Buffer Rules. Subject to Mitigation Rules.
SG: Perennial. Subject to Buffer Rules. Subject to Mitigation Rules.
SH: Perennial. Subject to Buffer Rules. Subject to Mitigation Rules.
SI: Perennial. Subject to Buffer Rules. Subject to Mitigation Rules.
SJ: Perennial. Subject to Buffer Rules. Subject to Mitigation Rules.
SK: Perennial. NOT subject to Buffer Rules, (Unmapped). Subject to Mitigation Rules.
E1: Ephemeral. NOT subject to Buffer Rules. NOT subject to Mitigation Rules.
E2: Ephemeral. NOT subject to Buffer Rules. NOT subject to Mitigation Rules.
E3: Ephemeral. NOT subject to Buffer Rules. NOT subject to Mitigation Rules.
E4: Ephemeral. NOT subject to Buffer Rules. NOT subject to Mitigation Rules.
E5: Ephemeral. NOT subject to Buffer Rules. NOT subject to Mitigation Rules.
E6: Ephemeral. NOT subject to Buffer Rules. NOT subject to Mitigation Rules.
E7: Ephemeral. NOT subject to Buffer Rules. NOT subject to Mitigation Rules.
E8: Ephemeral. NOT subject to Buffer Rules. NOT subject to Mitigation Rules.
E9: Ephemeral. NOT subject to Buffer Rules. NOT subject to Mitigation Rules.
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
Naani aaaai.rwn �
919.707.9000

No other stream or buffer sites were identified in the field. Also, this letter only addresses applicability to the Tar -
Pamlico Buffer Rules and Mitigation Rules at the sites specifically marked on the referenced maps and does not
apply to reaches of the channels further downstream from the NCDOT project area, or to any other drainage features
in the vicinity.
This letter only addresses the applicability to the mitigation rules and 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 Tar -Pamlico 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 2B.0259 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 Amy Chapman, 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 mitigation 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)
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:OOam and 5: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 919-707-3873.