20210986 Ver 1_W-5601EY-BufferDeterm_20190722

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
NORTH CAROLINA
Environmental Quality
July 22, 2019
To: Mitchell Wimberley, Environmental Scientist, Kleinfelder
From: Rob Ridings, NC Division of Water Resources, Transportation Permitting Branch
Subject: NCDOT Project: W-5601EY, NC 42 at SR 2727, Wake County.
Determination for Applicability to the Neuse Buffer Rules (15A NCAC 213.0233) and Mitigation Rules (15A NCAC
2H.0506[h]).
Dear Mr. Wimberley;
On July 17, 2019, NC Division of Water Resource received your request to confirm your on -site determination of
drainage features at the above -referenced project for applicability to the Neuse Buffer Rules and Stream Mitigation
Rules. The drainage features are approximated on referenced package received by DWR.
NCDWR has confirmed that the drainage features labeled below are as follows:
Little Creek: Perennial. Subject to Buffer Rules. Subject to Mitigation Rules.
UT Little Creek: Perennial. Subject to Buffer Rules. Subject to Mitigation Rules.
No other stream or buffer sites were identified in this request. Also, this letter only addresses applicability to the
Neuse 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
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 213.0233 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
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512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
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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.