20201365 Ver 1_Buffer and/or Stream Determination_20201006

ROY COOPER
Governor
MICHAEL S.
REGAN
Secretary
S. DANIEL SMITH
Director

October 6, 2020

To: Heather Montague, Division Environmental Officer, NCDOT Division 5

From: Rob Ridings, NC Division of Water Resources, Transportation Permitting Branch

Subject: NCDOT Project HL-008I, SR 1006, Unnamed Drainage Feature in Neuse Basin, Wake County.
DWR#20201365

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

Dear Ms Montague:

The NC Division of Water Resources reviewed your Buffer Determination Request of a drainage feature at the referenced location in
your request dated October 5, 2020. The listed drainage feature are approximated on referenced package received by DWR.

NCDWR has confirmed that the drainage feature is approximated as follows:
Feature A (Lat 35.63900, Long -78.67109): Ephemeral. NOT subject to Buffer Rules.

No other stream or buffer sites were included in this request. Also, this letter only addresses applicability to the Neuse Buffer Rules at
the site specifically referenced 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 regula tions (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.0233 is required.

The owner (or future owners) or permittee should notify NCDWR (and other relevant agencies) of this determination in any futu re
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 Serv ice
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: [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 c ontact Rob Ridings at [e-mail].