P-5720-bufferdeterm

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Environmental
Quality
November 7, 2017
To: William Sullivan, Kimley-Hoi�1
ROY COOPER
Go,�crnu,•
MICHAEL S. REGAN
Secr� rrn � �
LINDA CULPEPPER
Ln�eri�n Drrec�or
From: RoU Ridings, NC Division of Water Resources, Transportation Permitting Branch
Subject: NCDOT Project: TiP No. P-5720; Durant Road grade separation at CSX Railroad,
Wake County, Neuse Basin.
Determination for Applic�bility to the Neuse Buffer Rules (15A NCAC 2B.0233)
Dear Mr. Sullivan:
Ou Novernber 6, 2017, NC Division of Water Resource received your request to confirm your on-site buffer
determination at tl�e above-referenced project for applicability to the Neuse River Buffer Rules.
NCDWR has confirmed that No streams or Buffered drainage features occur in the study area.
No stream or bufFer sites were identified in tl�e field. Also, this letter only addresses applicability to the Neuse
Buffer Rules at tlie site specifically marked on the re;ferenced P-5720 study area and does not apply to possible
fean�res ar channels further downstreain fi-om the NCDOT project area, or to any otl�er drainage features in the
vicinity.
Tl�is letter only addresses the applicability to the mirigation n�les and tl�e buffer rules and does not approve any
activity witllin th� buffer, Waters of tlie Uniteci States, or Waters of the State. Any impacts to wetlands, sh-eams and
Uuffers 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 du•ect impacts are proposed to the protected buffers, sheet flow of all new
stormwater ninoff as per 15A NCAC 2B.0233 is still required.
The owner (or fi�hire owners) or pernlittee should norify NCDWR (and other relevant agencies) of this
determinarion in any fiittire coi-respondences coilcerning this property and/or project. This on-site determi��ation
sliall expire tive (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
sllrFace water exists and that it is subject to tlie nutigation rules may request a deterinination by the Director. A
request for a deterinination by the Duector sl�all be referred to the Director in writing c/o Amy Chapman, NCDWR
Wetlands/401 Unit, 1617 Mail Service Center, Raleigh, NC 27699-1617.
Individtlals that dispute a determination by NCDWR or Delegated Local Autl�ority that "exempts" a s�lrface water
from the mitigation rt�les may ask for an adjudicatory hearing. You may obtain the petition form froin the office oF
Adminish-ative hearings. Yoll must file the petition with tl�e office of Adtninistrative Hearings within sixry (60)
days of receipt ofi this notice and the date the affected parry (including downstream and adjacent landowners) is
notified of this decision. A petition is considered filed when it is received in tl�e office of Adn�inish-ative Hearii�gs
during nortnal office hours. The Oftice of Administrative Hearings accepts tilings Monday through Friday between
the hours of 8:OOam and S:OOp�n, except for official state holidays. The original and one (1) copy of the petition
mlist be tiled wit}� the Office of Adniinistrative Hearings.
The petition may be faxed-provided tl�e original and one copy of the document is received by tl�e Office of
Administrative Hearings within five (5) business days following the faxed transmission.
__`.�i,Thi��,t� C�t7i¢i����r�,�.>
State of Nortl� Carolii�a I Enviro�unental QualiTy
1617 Mail Service Center I Raleigh, NoRh Carolina 27699-1617

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 call Rob Ridings at 919-707-8786.