20210950 Ver 1_Buffer and/or Stream Determination_20210517

May 17, 2021

To: Heather Montague, NCDOT Division 5 Environmental Officer

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

Subject: NCDOT Project SM-5705AJ (DWR#20210950): SR 1007 at SR 2233
Neuse Basin, Wake County.

Determination for Applicability to the Neuse Buffer Rules (15A NCAC 2B.0233) and Stream Mitigation Rules (15A
NCAC 2H.0506[h]).

Dear Ms Montague:

The NC Division of Water Resources reviewed your Buffer and Stream Determination Package for the above
project. The drainage feature is approximated on referenced package on topo and soils maps received by DWR on
May 12, 2021.

NCDWR has confirmed that the drainage feature approximated as follows:
Feature A: Ephemeral. NOT 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 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 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 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 t he 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 “e xempts” 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 Heari ngs.

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 He arings 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].