U-4753-bufferdeterm

Environmental
Quality
June 4. 2018
ROY COOPER
Go,�crnur
MICHAEL S. REGAN
Secr� rrn �
LINDA CULPEPPER
/n�eri�n Drrec�or
To: Chad Coggins, NCDOT Division 4 Environmental Supeivisor
From: RoU Ridings, NC Division of Water Resources, Transportation Permitting Branch
Subject: NCDOT Project: TIP No. U-4753; Unnamed features draining to Reedy Branch, SR
1556 at SR 1571 , Wayne County, Neuse Ba5in.
Determination for Applic�bility to the Neuse Buffer Rules (15A NCAC 2B.0233)
Dear Mr. Coggins:
Ou June 1, 2018, NC Division of Water Resource eeceived your request to confirn� yolu• on-site determination of
two drainage features at the above-referenced project for applicability to the Neuse River Buffer Rules. The
drainage features are approximated on referenced buffer package.
NCDWR has confirmed that the drainage features labeled below are as follows:
Site 1(Lat 35.41515, Long -77.93749): Ephemeral; NOT Subject to Buffer Rules.
Site 2(Lat 35.41361, Long -77.93998): Ephemeral; NOT Subject to Buffer Rules.
No other sn-eam or buffer sites were identified in the field. Also, this letter only addresses applicability to the Neuse
Buffer Rules at the sites specifically marked on the referenced maps and does not apply to reaches of the channels
furthEr downsn-eam from the NCDOT project area, or to any other drainage feahu-es in the viciniry.
Tlus letter only addresses the applicability to flie nutigation rl�les and 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 fl1e Neuse Buffer Rules, 404/�O1 regulations, water supply regulations (15A NCAC 2B
.0216), and any other required federal, state and local regulations. Please be aware that even if no duect impacts are
proposed to the protected b�iffers, sheet flow of all new stormwater runoff as per 15A NCAC 2B.0233 is required.
The owner (or fi�ture owners) or permittee should uorify NCDWR (and other relevant agencies) of this
determinarion in any future con�espondences concerning 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 Authoriry that a
sllrFace water exists and that it is s�ibject to the nvtigation rules may request a determination by the Director. A
request for a deterinination by tl�e Duector sl�all be referred to the Direct�r in writing c/o Amy Chapinan, NCDWR
Trai7sportation Permitting Branch, 1617 Mail Service Center, Raleigh, NC 27699-1617.
Individtia(s tliat dispute a determinarion by NCDWR or Delegated Local Autl�ority that "exempts" a surface water
from the mirigation rules may ask for an adjudicatory hearing. You may obtain tl�e petition form froiu the office of
Administrative hearings. You must file the petition with tl�e office of Administrative Hearings within sixry (60)
days of receipt of this notice and the date tl�e affected parry (inchtding downstream and adjacent lai��downers) is
notified of this decision. A petition is considered filed when it is received iu the office of Administrative Hearings
during nonnal office hours. The Oftice of Administrative Hearings accepts tilings 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
mlist be tiled with the Office of Administrative Hearings.
The petition may be faxed-provided the 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�1�17i��t�� C�t7t¢7�����i��".-> -
State of North Caroliva I Envirom�iental QualiTy
1617 Mail Scrvice Ccntcr I Ralcigh, North 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.