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HomeMy WebLinkAbout20140664 All Versions_Site Plan_20090605;n 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) WA-dp k i. UA-dp 12 Bndge No 157 '711 n, F?' ? Wetl and WA Stream SC, RPW z .+ O r r adjacent to RPW (871 f x 4 ft: avg:width) (0.75ac.) . LEGEND Study Area Boundary q Juns ictional Features v? Relatively Permanent Waters (RPW), Perennial channel - ?. RPW, Intermittent channel non-RPW, Ephemeral channel Ap roicimate Scale in Feet int d ) t P W tl nd p . s Da a o ( e a 00 200 0 2 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 6 Chi--? 6? /- -