20131282_Stream Call Letter_20140218

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NCDENR
North Carolina Department of Environment and Natural
Division of Water Resources
Water Quality Programs
Pat McCrory Thomas A. Reeder
Governor Director
February 18, 2014
Chris Murray, Division Environmental Officer
NCDOT Division 5
2612 North Duke Street
Durham, NC 27704
Resources
John E. Skvarla, III
Secretary
Subject: Unnamed Tributary near US 70 Bypass, for East End Connector Project (U- 0071),
Durham County. ND DWR Project 20131282.
On -Site Determination for Applicability to the, Neuse Buffer Rules (15A NCAC 2B.0233)
Dear Mr. Murray:
This memo is to confirm your on -site determination of the above - mentioned feature for applicability to
the Neuse Buffer Rules. The drainage feature is approximated on your map attached to your Feburary 14,
2014 email request Stream SFR.
NCDWR has confirmed that the feature is applicable to the Neuse Buffer Rules as shown as a blue
line on the attached jurisdictional map, and that the stream ceases where the blue line ends inside
Wetland WA as shown on the map. Please note that no other features at this project were evaluated at
this time.
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 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 Wetlands /401 Unit, 1650 Mail Service Center, Raleigh,
NC 27699 -1650.
Transportation and Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699 -1650
Location 512 N. Salisbury St Raleigh, North Carolina 27604
Phone- 919 - 807 -63001 FAX 919 - 733 -1290
Internet www ncwaterguality.org
An Equal Opportunity 1 Affirmative Action Employer
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NorthCarolina
Naturally

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:OOam and
5:OOpm, 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 DENR as follows:
Mr. Lacy Presnell, General Counsel
Department of Environment and Natural Resources
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 call Rob Ridings at 919 -707-
8786.
Sincerely,
Rob Ridings
Attachments: Jurisdictional maps showing stream beginning and ending for Stream SFR
cc: James Mason, NCDOT NEU
NCDWR Transportation Permitting Unit File Copy

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