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HomeMy WebLinkAbout20210937 Ver 1_Approval Letter_20210512 May 12, 2021 To: Amanda Johnson, WSP, USA From: Rob Ridings, NC Division of Water Resources, Transportation Permitting Branch Subject: Town of Zebulon Project: Intersection of SR 2320 & Shepard School Road, Zebulon, Neuse Basin, Wake County. DWR Project #20210937 Determination for Applicability to the Neuse Buffer Rules (15A NCAC 2B.0233) Dear Ms Johnson: The NC Division of Water Resources reviewed your Buffer Determination Package for the above project. The drainage features are approximated on referenced package on topo and soils maps received by DWR on May 11, 2021. NCDWR has confirmed that the drainage features approximated as follows: Stream SA: SUBJECT to Neuse Buffer Rules Stream SB: SUBJECT to Neuse Buffer Rules Ditch DA: NOT subject to Neuse 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 sites 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 Neuse 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 Neuse 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.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 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 adjudicat ory 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 do wnstream 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: (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.