20171649 Ver 1_U-5999-bufferDeterm_20171221

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Environmental
Quality
September 5, 2017
ROY COOPER
Goi�ernnr
MICHAEL S. REGAN
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S. JAY ZIMMERMAN
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To: C71ad Coggins, NCDOT Division 4 Environmzntal Supeivisor
From: Rob Ridings, NC Division of WaterResources,TransportationPermittu�g Branch
Subject: NCDOT Project: TII' No. U 5999; iTT Neuse River upstream of SR 1003, Johnston
County, Neuse Basin.
Deteinvnation for Applicability to tl�e Nettse Buffer Rules (l5A NCAC 2B.0233)
Dear Mr. Coggins:
On August 31, 2017, NC Division of W ater Resource received your request to confn7v your on-s ite deterniination of
a drainage feahire at the above-referenced project for appGcability to the Neuse River bLiffer The drainage feature
arc approxiu�atcd on rcfcrcnced buffcr packagc at Lat 35.5378, L,ong -78.3227.
NCDWR has contirmed that the drainage teatures labeled below are as follows:
Ephemeral; NOT Subject to Buffer Rules.
No otherstre�in or buffer sites were identified in the field. Also, tl�is letter only adclresses apUlicabiliry to the Neuse
B��ffer Rules at the sites specifically marked on t�he referenced maps and cloes uot apply to reaches ofthe channels
furCl�er downsCreamfi•om the NCDOT project area, orto anyotherdrainage feattu•es in thevicinity.
This letter only adclresses the applicability to the mitigation niles and the buffer niles and does not approve any
activity within thebuffer, Waters ofthe United States, or Wateis ofthe State. Any impacts to wetlands, streams and
buffers must comply with the Neuse Buffer R�iles, 404/401 regulations, water supply regulations (l5A NCAC 2B
.0216), and any other rec�uired federal, state and loc�l regulations. Please be aware that even if no direct impacts are
proposed Yo the protected buffers, sheet flow of all new stormwater runoff as per 15A NCAC 2B.0233 is required.
The owner (or future owners) or pernvttee sho�ild notify NCDW R(and other relevant agencies) of this
detem�ination in any future con-espondei�ces co�lcernulg this propeity and/orproject. This on-site determi�iation
sl�all e�u-e five (5) years fro�n the date of this letter.
Landov�niers or af'fected parties that dispLite a detennination iT�ade by NCDW R or Delegated Local Autl�ority that a
sarface water exists and that it is subject to tl�e nutigation iules rnay request a detennination by the Du-ector. A
reqttest for a detemunation by the D'u-ector shall be refen-ed to the D'u-ector in writing c/o Anry Chapman, NCDWR
WetLands/401 Unit, 1617 Mail Service Center, Raleigl�, NC 27699-1617.
I�ldividuals tl�at dispute a determination by NCDW R or Delegated Local Authority that "exempts" a suiiace water
from thc uvtigation n�les tnay �slcfor an adjudicatory hearing. You may obtain the pctition foim from tbc office of
Adminishative heaii�igs. You must file thc petition with thc office of Adn�iistrative Hearings within si�dy (60)
days of rcccipt of this noticc and thc datc thc affcctcd party (including downstrca�n and adjaccnt landowncrs) is
notificd ofthis dccision. A petition is considercdtiled when it is reccived u� thc office ofAdnvi�istrltive Hcarings
during nomial office hours. The Office ofAdnvnistrative Hearnlgs accepts filings Monday through Friday between
tl�e l�ours of 8:OOam and S:OOpm, except for official state holidays. The original and one (1) copy oftl�e petition
m�ist be filed with tl�e OfEice of Administrative Hearings.
The petition may be faxed-provided tl�e oi7ginal and one copy of the document is received by the Office of
Administrative Hearings within five (5) busi��ess days following thefaxed Cransmission.
The mailing address foc the Offce of Administrative Hearings is:
"i�JC.�Tf7i��t} C-i�t�e',���7-�s - .
Statc ofNortl� Carolina I Environmental Qtiality
1617 M�il Service Center I Raleigh, North Carolina 27699-1617

Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone: [phone], Facsi�rile: [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 detemvnation is fmal and binding unless you ask for a hearing within 60 days.
If you have any additional questions or require additional infortnation please call Rob Ridings at 919-707-8786.