20190707 Ver 1_Buffer and/or Stream Determination_20190605

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
To: Robert Lepsic, SEPI, Inc.
NORTH CAROLINA
Environmental Quality
June 5, 2019
From: Rob Ridings, NC Division of Water Resources, Transportation Permitting Branch
Subject: Town of Garner Project: TIP No. C-5604CA, Drainage Features under SR 2812, Wake
County. DWR Project #20190707
Determination for Applicability to the Neuse Buffer Rules (15A NCAC 2B.0233)
Dear Mr. Lepsic;
On June 3, 2019, NC Division of Water Resource received your request to confirm your on -site determinations of
two drainage features at the above -referenced project for applicability to the Neuse Buffer Rules. The drainage
features are approximated on referenced package received by DWR.
NCDWR has confirmed that the drainage features labeled below are as follows:
Lat 35.6858, Long-78.6243: Perennial. Subject to Buffer Rules.
Lat 35.6863, Long-78.6101: Perennial. Subject to Buffer Rules.
No other stream or buffer sites were identified in this request. Also, this letter only addresses applicability to the
Neuse Buffer Rules at the sites specifically marked on the referenced maps and does not apply to reaches of the
channels further downstream from the project area, or to any other drainage features in the vicinity.
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.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 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 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 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
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center 1 Raleigh, North Carolina 27699-1617
Nagni aaaai.rraH �
919.707.9000

the hours of 8:OOam and 5: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.