U-5516 NBR stream call letter

North Carolina Department of Environment and Natural Resources

Pat McCrory John E. Skvarla, III

Governor Secretary

December 4, 2014

MEMORANDUM

To: Deanna Riffey, NCDOT Natural Environment Unit

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

Subject: Drainage Features at the Intersection of US 501, Latta Rd & Infinity Rd, Durham
County. NCDOT Project U-5516.

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

Dear Ms. Riffey:

This memo is to confirm your on-site determination of the above-mentioned features for applicability to
the Neuse Buffer Rules. The drainage features are approximated on your map sent to DWR on December
2, 2014 as “Features1 and 2” and “Stream A”

NCDWR has confirmed the following:
Feature 1: NOT Subject to Neuse Buffer Rules.
Feature 2: NOT Subject to Neuse Buffer Rules.
Stream A: Intermittent; Subject to Neuse Buffer Rules
Please note that no other features at this project were evaluated at this time. Also this letter determines
only.
the buffer rules applicability of these features within the NCDOT project limits,

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.

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

1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Phone: [phone] \\ Internet: www.ncdenr.gov

An Equal Opportunity \\ Affirmative Action Employer

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: (919)-431-3100

A copy of the petition must also be served on DENR as follows:

Mr. John Evans, 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.

CC (electronic): Beth Reed, PWS, Kimley-Horn