U-5826-BufferDeterm.pdf

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S. DANIEL SMITH NORTH CAROL!NA
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Director
September 15,2020
To: Christopher Murray,Project Delivery Unit,NCDOT Division 5
From: Rob Ridings,NC Division of Water Resources,Transportation Permitting Branch
Subject: TIP#U-5826: SR 2000 from I-540 to SR 2006,Wake County,Neuse Basin.
Determination for Applicability to the Neuse Buffer Rules(15A NCAC 2B.0233)
Dear Mr.Murray:
The NC Division of Water Resources reviewed your Buffer Determination Request for the above-referenced project received
Setpember 14,2020,seeking confirmation of no streams subject to the Neuse Buffer Rules in the study area for this project. The
project area was determined on your referenced package received by DWR.
NCDWR has confirmed that the drainage features are as follows:
No streams subject to Neuse Buffer Rules found in defined project area.
No other buffer sites were included in this request. Also,this letter only addresses applicability to the Neuse Buffer Rules at the
project area 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 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 Jordan Buffer Rules,
404/401 regulations,water supply regulations(15A NCAC 2B .0216),and any other required federal, state and local regulations.
Note: Please be aware that even if no direct impacts are proposed to protected buffers,sheet flow of all new stormwater runoff as per
15A NCAC 2B.0233 is required. Also please note that projects within the Falls Lake watershed must implement NCDOT's GREEN
Program. To meet the requirements of NCDOT's NPDES permit NCS000250 the road design plans shall provide treatment of the
stormwater runoff through BMPs as detailed in the most recent version of the North Carolina Department of Transportation
Storm water Program Manual, and the Storm water Best Management Practices Toolbox Manual. The BMPs should,to the MEP,be
selected and designed to reduce impacts of the target pollutants of concern(POCs)for the receiving watershed.
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 8:00am 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 rob.ridings@a,ncdenr.gov.