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Home My WebLink AboutU-5890_BufferDetermROY COOPER Governor MICHAEL S. REGAI'V Secretary LINDA CULPEPPER Director To: Sandy Smith, Axiom Environmental, Inc. 1Nt ��n�[ tic� �ti -H �o �,3 'i y �� r� `y � �v,�.i �� +;:`n x� �.,: � � �� `��+,1J`r.��= �� : n� % *F$£ �AFSY�'� # NORTH CARdLINA Environmenta[ Quality February 6, 2019 From: Rob Ridings, NC Division of Water Resources, Transportation Permitting Branch Subject: NCDOT Project: TIP No. U-5890. Unnamed features draining to Red Bud Creek, SR 1162, Henderson, Vance County, Tar-Pamlico Basin. Determination for Applicability to the Neuse Buffer Rules (15A NCAC 2B.0259) and Mitigation Rules (15A NCAC 2H.0506[h]). Dear Mr. Smith: On February 5, 2019, NC Division of Water Resource received your request to confirm your on-site determinations of various drainage features at the above-referenced project for applicability to the Tar-Pamlico Buffer Rules and Stream Mitigation Rules. The drainage features are approximated on referenced Jurisdictional Determination package received by DWR. NCDWR has confirmed that the drainage features labeled below are as follows: Stream SA (Lat 36.317893, Long -78.412868): Perennial. Subject to both Buffer Rules and Mitigation Rules. Feat. 1: (Lat 36.339738, Long -78.445148): EphemeraL NOT subject to Buffer Rules or Mitigation Rules. Feat. 2: (Lat 36.332705, Long -78.433116): Ephemeral. NOT subject to Buffer Rules or Mitigation Rules. Feat. 3: (Lat 36.329903, Long -78.436609): Ephemeral. NOT subject to Buffer Rules or Mitigation Rules. Feat. 4: (Lat 36.330881, Long -78.434583): Ephemeral. NOT subject to Buffer Rules or Mitigation Rules. Feat. 5: (Lat 36.327179, Long -78.4216ll): Ephemeral. NOT subject to Buffer Rules or Mitigation Rules. Feat. 6: (Lat 36.322602, Long -78.416415): Epbemeral. NOT subject to Buffer Rules or Mitigation Rules. Feat. 7: (Lat 36.318691, Long -78.410155): Epbemeral. NOT subject to Buffer Rules or Mitigation Rules. Feat. 8: (Lat 36.315207, Long -78.411557): Epbemeral. NOT subject to Buffer Rules or Mitigation Rules. No other stream ar buffer sites were identified in the field. Also, this letter only addresses applicability to the Tar- Pamlico Buffer Rules and Mitigation Rules at the sites specifically marked 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 letter only addresses the applicability to the mitigation rules and the buffer rules and does not approve any activiry 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.0259 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. D E Q�� North Carolina Department af Environmental Quality I Division of Water Resources 512 North Salisbury Street I 1617 Mail Seruice Center I Ra[eigh, Narth Carolina 27699-1617 NppTH CARpLINA ^ o.wemremme�w��ma�.i� /� 914.707.9000 \.�/ 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 rcqucst for a dctcrminarion by thc Dircctor shall bc rcfcrrcd to thc Dircctor in writing c/o Amy Chapman, NCDWR Transportarion Pcrmitting Branch, 1617 Mail Scrvicc Ccntcr, Ralcigh, NC 27699-1617. Individuals that dispute a determinarion by NCDWR or Delegated Local Authority 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 perition 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 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 Administrarive Hearings is: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Telephone: (919) 431-3000, Facsimile: (919) 431-3100 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 919-707-3873.