U-4753-bufferdeterm-Revised

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Environmental
Quality
January 3, 2018
ROY COOPER
Governor
MICHAEL S. REGAN
Secreta�y
LINDA CULPEPPER
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To: Chad Coggins, NCDOT Division 4 Environmental Supervisor
From: Rob 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 Basin.
Revised Determination for Applicability to the Neuse Buffer Rules (15A NCAC 2B.0233)
Dear Mr. Coggins:
On June 1, 2018, NC Division of Water Resource received your request to coniirm your on-site determination of
two drainage features at the above-referenced project for applicability to the Neuse River Buffer Rules.
Additionally, on January 2, 2019, we received your request to confirm an additional feature. The drainage features
are approximated on referenced buffer packages.
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.
Site 3(Lat 35.40986, Long -77.94512): Ephemeral; NOT Subject to Buffer Rules.
No other stream or buffer sites were identified in the field. Also, this letter only addresses applicability to the Neuse
Buffer Rules at the sites specifically marlced on the referenced maps and does not apply to reaches of the channels
further downstream from the NCDOT project area, or to any other drainage features in the vicinity. This
determination replaces the one written June 4, 2018.
This letter only addresses the applicability to the mitigation rules 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 the Neuse Buffer Rules, 404/40l 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.0233 is required.
The owner (or future owners) or permittee should notify NCDWR (and other relevant agencies) of this
determination 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 NCDWR 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 determinarion by the Director shall be referred to the Director in writing c/o Amy Chapman, NCDWR
Transportation Permitting Branch, 1617 Mail Service Center, Raleigh, NC 27699-1617.
Individuals that dispute a determination by NCDWR or Delegated Local Authoriry that "exempts" a surface water
from the mitigation rules may ask for an adjudicatory hearing. You may obtain the petition form from the office of
Administrative hearings. You must file the petition with the office of Administrative Hearings within sixty (60)
days of receipt of this notice and the date the affected party (including downstream and adjacent landowners) is
notified of this decision. A petition is considered filed when it is received in the office of Administrative Hearings
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 perition
must be filed with the Office of Administrative Hearings.
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State of North Carolina I Environmental Quality
1617 Mail Scrvicc Ccntcr I Ralcigh, North Carolina 27699-1617

The petition may be faxed-provided the original and one copy of the document is received by the Office of
Administrativc Hcarings within fivc (5) busincss days following thc faxcd transmission.
Thc mailing address for thc Officc of Administrarivc Hcarings is:
Office of Administrarive 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 quesrions or require addirional information please call Rob Ridings at 919-707-8786.