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HomeMy WebLinkAbout20130300_On-Site Determination_20090612MCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Coleen H. Sullins Governor Director June 12, 2009 Kathy Herring NCDOT Natural Environment Unit 1598 Mail Service Center Raleigh, NC 27699 Subject: NCDOT TIP #B4784, Person County UT Aldridge Creek ]Neuse River Basin] On-Site Determination for Applicability to the Neuse Buffer Rules (15A NCAC 2B .0233) Dear Ms. Herring: On June 11, 2009, at your request and in your attendance, Rob Ridings, NC Division of Water Quality (NCDWQ) staff, conducted an on-site determination to review drainage the above mentioned drainage feature for applicability to the Neuse River Buffer Rules. The drainage feature is approximated on the attached map. NCDWQ has determined that the stream feature labeled as "UT Aldridge Creek" on the attached map is Intermittent and is Subject to the Neuse Buffer Rules at the GPS point marked L0sb5". Please note that no other features at the site were evaluated. Dee Freeman Secretary This letter only addresses the applicability to Neuse 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 Branch, 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 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 Transportation Permitting Unit 1650 Mail Service Center, Raleigh, North Carolina 276991650 Location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604 Phone: 919-733-17861 FAX: 919-733-6893 Internet: hftp://h2o.enr.statemc.uslncwetlandsl NorthCarolina naturally An Equal Opportunity t Affirmative Action Employer 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. Sincerely, Rob Ridings Attachments cc: Eric Alsmeyer, US Army Corps of Engineers - Raleigh Regulatory Field Office NCDWQ_Raleigh Regional Office File Copy 1138 p 1.4 6 1146 OD 57 1 1132 •2 i0 11 31 1129 i No 157 1 Z 2$ 1216 1.2 1136 1133 1131 1135 ti13a / 1129 1134 tit 1128 1.3 .1 1.3 1135 1 1181 w 1134 1123 dle w ?' B ?2 ills 1.7 1 s ?1 °UTy 1120 -2 ^ 1209 n,\ ,2 1119 1120 1.3 - ?1 117 CO 1121 1227 ?,, 1123 1121 STUDIED DETOUR ROUTE +}? HonrH 4 of G,po NORTH CAROLINA DEPARTMENT OF TRANSPORTATION DIVISION OF HIGHWAYS g PROJECT' DEVELOPMEN I'& ENVIRONMENTAL ANALYSIS BRANCH PERSON COUNTY REPLACE BRIDGE No. 31 ON SR 1134 OVER ALDRIDGE CREEK L1784 Figure I