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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
June 5, 2009
Richard Darling
Michael Baker Engineering
8000 Regency Parkway, Suite 200
Cary, NC 27518
Subject: NCDOT TIP #B-5113, Wake County
Bridge 157 on SR 1942
On-Site Determination for Applicability to the Neuse Buffer Rules (15A NCAC 2B .0233)
Dear Mr. Darling:
Dee Freeman
Secretary
On June 2, 2009, in your attendance representing the NCDOT, Rob Ridings, NC Division of Water
Quality (NCDWQ) staff, conducted an on-site determination to review drainage features for applicability
to the Neuse River Buffer Rules. The drainage features are approximated on the attached maps.
The Division of Water Quality (DWQ) concurs with the referenced documents regarding
the following stream calls:
Smith Creek: Perennial; Subject to NBR.
Tributary SA: Ephemeral; Not subject to NBR.
Tributary SB: Intermittent; Subject to NBR.
Tributary SC: Perennial; Subject to NBR.
This letter only addresses the applicability to 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 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 direct
impacts are proposed to the protected buffers, sheet flow of all new stormwater runoff as per 15A NCAC
2B .0250 is required.
The owner (or future owners) or permittee should notify NCDWQ (and other relevant agencies) of this
decision in any future correspondences concerning this property and/or project. This on-site
determination shall expire five (5) years from the date of this letter.
Landowners or affected parties that dispute a determination made by NCDWQ or Delegated Local
Authority that a surface water exists and that it is subject to the mitigation 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 Brian Wrenn, NCDWQ Wetlands/401 Unit, 1650 Mail Service Center, Raleigh,
NC 27699-1650. Individuals that dispute a determination by NCDWQ or Delegated Local Authority that
"exempts" a surface water from the mitigation rules may ask for an adjudicatory hearing. You must act
within 60 days of the date that you receive this letter. Applicants are hereby notified that the 60-day
Transportation Permitting Unit
1650 Mail service Center, Raleigh, North Carolina 27699-1650
Location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604
Phone: 919-733-17861 FAX: 919-733-6893
Internet: http:tlh2o.enr.state.nc.uslncwetlandsl
Nor thCarolina
Naturally
An Equal Opportunity 1 Affirmative Action Employer
statutory appeal time does not start until the affected party (including downstream and adjacent
landowners) is notified of this decision. NCDWQ recommends that the applicant conduct this
notification in order to be certain that third party appeals are made in a timely manner. To ask for a
hearing, send a written petition, which conforms to Chapter 150B of the North Carolina General Statutes
to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. 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 919-733-
9817 or at rob.ridings@ncmail.net.
Sincerely,
Rob Ridings
Attachments
cc: Jim Hauser, NCDOT PDEA
NCDWQ_Raleigh Regional Office copy
File Copy
1•
Smith Creek, RPW J. ?
Stream SB, RPW
(207 If x 11 ft. avg.width) (111 If x 15 ft, avg.width)
Stream SA, non-RPW
(177 If x 2 ft. avg.width)
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Bndge No 157 '711 n,
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? Wetl and WA Stream SC, RPW
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O r r adjacent to RPW (871 f x 4 ft: avg:width)
(0.75ac.) .
LEGEND
Study Area Boundary
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Juns ictional Features
v? Relatively Permanent Waters (RPW),
Perennial channel
- ?. RPW, Intermittent channel
non-RPW, Ephemeral channel
Ap roicimate Scale in Feet int
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NORTH CAROLINA DEPARTMENT Replace Bridge No. 157 TIP B-5113
OF TRANSPORTATION SR 1942 over Smith Creek FAP
Wake County WBS 42251.1.1
Project Development and
Natural Resources Technical Report
Environmental Analysis Branch
Natural Environment Unit Figure 3. Jurisdictional Features Map
June 3, 204
Wake Co. CIS, 2 -foot contours Sheet 1 Of 1
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