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Home My WebLink About20200967 Ver 1_Approval Letter_20200730 ROY COOPER Governor MICHAEL S. REGAN Secretary S. DANIEL SMITH Director July 30, 2020 To: Mackenzie Richards, Kimley-Horn From: Rob Ridings, NC Division of Water Resources, Transportation Permitting Branch Subject: SR 1978 (Hopson Road) at NC Hwy 54, Davis Park East Project, Durham County, Unnamed Tributary to Stirrup Iron Creek, Neuse Basin. DWR Project #20200967. Determination for Applicability to the Neuse Buffer Rules (15A NCAC 2B.0233) and Stream Mitigation Rules (15A NCAC 2H.0506[h]). Dear Ms. Richards: The NC Division of Water Resources reviewed your Buffer Determination Request of a drainage feature at the above-referenced project received July 29, 2020, seeking confirmation of applicability to the Neuse Buffer Rules and Stream Mitigation Rules. The listed drainage features are approximated on referenced package received by DWR. NCDWR has confirmed that the drainage features are as follows: SA: (Lat: 35.876965, Long: -78.853512): Intermittent. Subject to Buffer Rules. NOT subject to Mitigation Rules. No other stream or buffer sites were included in this request. Also, this letter only addresses applicability to the Neuse 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, or upstream, from the 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 t he Jordan 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.0267 and 15A NCAC 2B.0233 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 determina tion 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 mitiga tion 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 th e 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 Mond ay 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: (919) 431-3000, Facsimile: (919) 431-3100 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 c ontact Rob Ridings at rob.ridings@ncdenr.gov.