20171649 Ver 1_U-5999-bufferDeterm_20170905

Environmental
Quality
September 5, 2017
ROY COOPER
Cn eei�n o r
MICHAEL S. REGAN
Secretai��
S. JAY ZIMMERMAN
�,��e�v���
To: Chad Coggins, NCDOT Division 4 Environmental Supervisor
From: Rob Ridings, NC Division of Water Resources, Transportation Permitting Branch
Subject: NCDOT Project: TIP No. U 5999; UT Neuse River upstream of SR 1003, Johnston
County, Neuse Basin.
Determination for Applicabiliry to theNeuse Buffer Rules (15A NCAC 2B.0233)
Dear Mr. Coggins:
On August 31, 2017, NC Division of Water Resource received your request to confirm your on-site determination of
a drainage feature at the above-referenced project for applicability to the Neuse River buffer The drainage feature
are approximated on referenced buffer package at L.at 35.5378, L.ong -78.3227.
NCDWR has confirmed that the drainage features labeled below are as follows:
�hemeral; NOT Subject to Buffer Rules.
No otherstream or buffer sites were identified in the field. Also, this letter only addresses applicability to theNeuse
Buffer Rules at the sites specifically marked on the referenced maps and does not apply to reaches of the channels
further downstream from the NCDOT project area, or to any other drainage features in the vicinity.
This letter only addresses theapplicability to themitigation rules andthebuffer rules and does notapproveany
activity within thebuffer, Waters ofthe United States, or Waters ofthe State. Any impacts to wetlands, streams and
buffers must comply with the Neuse Buffer Rules, 404/40] regulations, water supply regulations (15A NCAC 2B
.021�, and any other required federal, state and ]ocal regulations. Please be aware that even if no direct impacts are
proposed to the protectedbuffers, sheet flow of all new stormwater runoff as per 15A NCAC 2B.0233 is required.
The owner (or future owners) or permittee shouldnotify NCDW R(and other relevant agencies) of this
determination in any future correspondences concerning this property and/orproject. This on-site determination
shall e�ire five (5) years from the date of this letter.
Landowners or affected parties that dispute a determination made by NCDW R or Delegated Local Authority that a
surface water exists and that it is subject to the �ritigation 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, 1617 Mail Service Center, Raleigh, NC 27699-1617.
Individuals that dispute a determination by NCDW R or Delegated L,ocal Authority that "exempts" a surface water
from the mitigation rules may aslc 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 si�y (60)
days ofreceipt ofthis notice and the date the affected party (including downstream and adjacent landowners) is
notified ofthis decision. A petition is consideredfiled when it is received in the office ofAdministrative Hcarings
during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between
the hours of 8:OOam and S: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 tnay 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 forthe Office of Administrative Hearings is:
F�i�J�7i f,�i��:.; �_r:u�•.���irE�c
Stata ofNorth Carolina I Environmental Quality
1617 Mail Service Center I Raleigh, North Ca�-olina 27699-1 61 7

Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone: [phone], Facsimile: [phone]
A copy of thepetition 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 call Rob Ridings at 919-707-8786.