20170183 Ver 1_Drainage Feature SR 1556_20161018

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Water Resources
ENVIRONMENTAL QUALITY
October 18, 2016
Chad Coggins, Division Environment�l Officer,
NCDOT Division 4
Wilson, NC
Subject: NCDUT Project �N-5500, Wayne C.oun_ry
Unnamed Drainage feature in Neuse River Basin at SR 1556
Lat: 35.42628, Long -77.91996
PAT MCCRORY
Gnvei�7rn�
DONALD R. VAN DER VAART
Secrela��,
S. JAY ZIMMERMAN
�,l•2:C(n�.
Deter.mir,atior. for Applica�ility to the �leuse Baffer Rules (15A N�AC 2B.0233)
Dear M.*'. CO�I11S:
On October 13, 2016 NC Division of Water Resource (NCDWR) reques± to revie�� your onside determinat:ons of
drainage feature located at SR 1556 for applicability to the Neuse Buffer Rules. T�e drainage feature is
appro�mated on the referenced map.
NCIDWR has coniirmed that the drainage feature is as follows:
Site 1, Upstream of Road culvert: Ephemeral, NOT subject to �uffer Rules.
Site 1, Downstream of Road culvert: lntermittent, Subject to Buffer Rules
Please nete that no other feat��res at tbe site wer? PyaluatPc�. Als�, this letter only addresses apnl�cabil.ity to th�
I�leus� Buffer Rules zt the siies speci�cally marked on the at'iaclled map and does not apply to reaches of the
channe]s further downstream irom the NCDOT 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 tlie buffer, War,ers of the United Stat�s, or LVaters of the State. Any impacis to w�tlands, streams ar,d
buffers must cor:7ply ��ith the Neuse Buffer Rules, 404!401 regulations, water supp?y regula±ions (15A NCAC 2B
.0215), and any other requi:��� federal, state and local regulations. Flease'oe aware that even if no direct impacts are
propo�ed to protected Uuffers, sheet �ew of ali new stormwater runoff as per 15A NCAC 2I3.0233 is req�:ire�.
The owr.er (or future owners) or permittee should notify NCDR�R (and other relevant agencies) of this
determination in any future correspondences concerning tl:is properiy and/or project. This determination shall
expire five (5) years from the date of tnis letter. �
Landa�.vners �r affected parties that dispute a determination made by NCDVJR or Delegate3 Lo�al.Suthority that a
surface water exists and triat it is su'�ject to tLe .n;tigation rules may request a determination by th� Director. A
request for a determination by the Director shall be referred to the Director in writing c/o Amy Chapman, NCllWR
VJetlands!40i Unit, 1617 Mail Service Center, Ralei�h, NC 27699-1617.
Individuals that dispute a determir.ation by NCDWR or Delegated Local Authority that "exempts" a surface water
from the mitigation rules may ask for an adjudicatery hearing. You may o�tai,i the petition iof-m �om the office of
Administrative hearitigs. You mus� i1.e the petition with ihe office of Administrative Hearings within sixty (00)
days of receipi ot'this notice and the date ti�e a;fected parry (includiijg downstream and adjacent (an.lowners j is
notified of this decision. A petition is consiclered 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 betw. een
t;le haurs of 8:OOar;1 ai�15:04pm, except for �ificial siaie iioiidays. Ti>e a: iginal2ud one t? ) cepy of tl.e petition
must be f le:� wiih the Oftice �. l�dministrative r�earings.
S;ate of North Czrolin� �Em•i:onmental Quali.ry I Wa:er Resourr,es
1617 Mail Service Cer.ter, Rai2igh, Nor:h Carolina [1fi99-i617
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Phone: [phone]
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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.
Ttie miailing address for the Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephar.e: (919) �31-3000, Fzcsimile: (9l9) 431-3100
A copy of the petirion must also be served on DEQ as follows:
1VIr. Sam M. Hayes, General Counsel
Depaztment of Environmental Quality
160 � 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,
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S. Jay Zimmerman, Director ��
Division of Water Resowces