20190201 Ver 1_Buffer and/or Stream Determination_20190304

ROY COOPER
Governar
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
To: Chris Murray, NCDOT Division 5
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NORTH CARdLINA
Environmenta[ Quality
March 4, 2019
From: Rob Ridings, NC Division of Water Resources, Transportation Permitting Branch
Subject: NCDOT Project: TIP No. U-5747. Unnamed features along SR 1635, Wake County,
Jordan & Neuse Basins.
Determination for Applicability to the Neuse Buffer Rules (15A NCAC 2B.0233) or Jordan Buffer Rules (15A NCAC
2B.0267); and the stream Mitigation Rules (15A NCAC 2H.0506[h]).
Dear Mr. Murray:
On February 13, 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 Neuse & Jordan Buffer Rules and
the Stream Mitigation Rules. The drainage features are approximated on referenced Jurisdictional Determinarion
package received by DWR.
NCDWR has contirmed tbat the drainage features labeled below are as follows:
SA (35.838904, -78.846468): Intermittent. Subject to Buffer Rules. NOT Subject to Mitigation Rules.
SB (35.841000, -78.845): Intermittent. Subject to Buffer Rules. NOT Subject to Mitigation Rules.
SC (35.843000, -78.839): lntermittent. Subject to Buffer Rules. NOT Subject to Mitigation Rules.
SD (35.845066, -78.837917): lntermittent. Subject to Buffer Rules. NOT Subject to Mitigation Rules.
SE-Int: (35.848000, -78.838: lntermittent. Subject to Buffer Rules. NOT Subject to Mitigation Rules.
SE-Per: (35.847686, -78.837899): Perennial. Subject to Buffer Rules. Subject to Mitigation Rules.
SF: (35.847475, -78.834366): Perennial. Subject to Buffer Rules. Subject to Mitigation Rules.
SA: (35.849037, -78.836346): Intermittent. Subject to Buffer Rules. NOT Subject to Mitigation Rules.
No other stream or buffer sites were identified in the field. Also, this letter only addresses applicability to the Neuse
and Jordan Buffer Rules, and stream 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, ar 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
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, , Jordan 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 1 SA
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.
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, North Carolina 27699-1617
NpRTH CARaLINA ^
o.wemremme�w���ma�.i� /� 914.707.9000
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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 determination 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 Loca1 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 fi1e 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 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 Administrative Hearings is:
Office of Administrative 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 questions or require additional information please call Rob Ridings at 919-707-3873.