20190591 Ver 1_B-5980-bufferdeterm_20180706

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Environmental
Quality
July 6, 2018
ROY COOPER
Go,�crnu,•
MICHAEL S. REGAN
Secr� rrn �
LINDA CULPEPPER
ln�eri�n Drrec�or
To: Chad Coggins, NCDOT Division 4 Environmental Supervrsor
From: RoU Ridings, NC Division of Water Resources, Transportation Permitting Branch
Subject: NCDOT Project: TIP No. B-5980, NC 4 at I-95, Nash Count,y. Unnamed drainage
feature to Swift Creek, Tar-Pamlico River Basin
Lat: 36.06681 N Long: 77.82197 W
Determination for Applicability to tl�e Tar-Pai��lico Buffer Rules (15A NCAC 2B.0259) and the Peremlial StrEam
Mitigation Rules (15A NCAC 2H.0506[h]).
Dear Mr. Coggins:
On July 5, 2018, we received your request to confrnl your on-site determination of a drainage feature at the above-
referenced project for applicability to the Tar-Pamlico River Buffer Rules and the streau� Mitigation rules. The
draivaQe feahlre is approxiinated on referenced stream & buffer package included witl� your request at the above
listed coordinates.
NCDWR has contirmed that the drainage feature is as follows:
* Ephemeral; NOT subject to Buffer Rules, Mitigation Rules, or 401 Jurisdiction.
No other stream or buffer sites were rated in the co��-espondence. Also, this letter only addresses applicabiliry to tl�e
Tar-Painlico Buffer Rules and sh-eain Mitigation Rules at the sites specifically marked on the referenced maps and
does not lpply to reaches of the channels fiuther downstream from the NCDOT project area, or to any other
drainage features in the vicinity.
This letter only addresses the applicability to the mitigation rliles ai�d the buffer rules and does not approve aily
activity within the buffer, Waters of the United States, or Wlters of the State. Any impacts to wetlands, streams and
buffers miist comply with the Tar-Pamlico Buffer R�iles, 404/401 regulations, water s�ipply regulations (15A NCAC
2B .0216), and any other required federal, st�te and local reglil�tions. Please be aware that even if no direct impacts
are proposed to any protected bLiffers, sheet flow of all new stormwater runoff as per 1 SA NCAC 2B.0259 is
rec�uired.
The owner (or fiiture owners) or pennittee should notify NCDWR (and other relevant agencies) of this
determination in any fi�hn•e coi�-espondences concerning this property and/or project. This on-site determination
shall cxpu•e five (5) years froul the date of this letter.
Landowners or affected parties that dispuYe a determination inade by NCDWR or Delegated Local Authority that a
surface water exists and that it is subject Yo the mitigation rules may request a determination by the Directar. A
request for a deterinination by the Director shall b� referred to the Director in writing c/o Amy Chapman, NCDWR
Transportation Permitting Brai�ch, 1617 Mail Service Center, Raleigh, NC 27699-1617.
Individuals that dispute a determination by NCDWR or Deleg�ted Local Authority that "exempts" a surface wate�r
fi-om the mitigation �liles may ask for an adjudicatory hearing. You n�ay obtain the petition for�r� from the office of
Administrative hearings. You must tile the petition with the office of Administrative Hearings within sixty (60)
days of receipt of this notice antl the date the affected parry (including downstre�m aild adjacent landowners) is
notified of this decision. A petition is considered filed when it is received in the office of Administrative Hearings
`_`"Nni hi�,,� C-n�t7f���:r���, - -
State of North Caroliva I Envirom�iental QualiTy
1617 Mail Scrvice Ccntcr I Ralcigh, North Carolina 27699-1617

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 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.
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.