20211214 Ver 1_Buffer Determination_20210811

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ROY COOPER. �- n
Governor .
ELIZABETH S.BISER „ ,,,,.
Secretary ,,Qv
S.DANIEL SMITH NORTH CAROLINA
Director Environmental Quality
August 11,2021
To: Heather Montague,NCDOT Division 5 Environmental Officer
From: Rob Ridings,NC Division of Water Resources,Transportation Permitting Branch
Subject: DWR#20211214,DOT#HL-0008P:NC 50 at SR 1010,Wake County.Neuse River Basin.
Determination for Applicability to the Neuse River Buffer Rules(15A NCAC 2B.0714)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 August 6,2021.
NCDWR has confirmed that the drainage feature approximated as follows:
A (35.637697,-78.614346): 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 the protected buffers, sheet flow of all new stormwater runoff as per
15A NCAC 2B.0714 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.
DE ?) North North Caro S alinalisbury DepartmentStreet1 of
1617 EnMavironmentaEilService Center Quality RaleighDivisionNorth of Water RCarolinaesources
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NORTH CAROLINA _
Depertmentoe�i,onmobi mow 919.707.9000

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 [e-mail].
North Carolina Department of Environmental Quality i Division of Water Resources
DE 512 North Salisbury Street 11617 Mail Service Center I Raleigh,North Carolina 27699-1617
NORTH C ROUNA
Department of EnvIrtinmentelau.uq 919.707.900D