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HomeMy WebLinkAbout20210957 Ver 1_BR-0090-BufferDeterm_20190816ROY COOPER Governor MICHAEL S. REGAN Secretary LINDA CULPEPPER Director NORTH CAROLINA Environmental Quality August 16, 2019 To: David Cooper, Senior Environmental Specialist, VHB From: Rob Ridings, NC Division of Water Resources, Transportation Permitting Branch Subject: NCDOT Project: BR-0090, Bridge 36, Nash & Halifax Counties Determination for Applicability to the Tar -Pamlico Buffer Rules (15A NCAC 213.0259) and Mitigation Rules (15A NCAC 2H.0506[h]). Dear Mr. Cooper: On August 7, 2019, NC Division of Water Resource received your request to confirm your on -site determinations of 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 PJD package received by DWR. NCDWR has confirmed that the drainage features labeled below are as follows: Fishing Creek: Perennial. Subject to Buffer Rules. Subject to Mitigation Rules Unnamed Channel in Wetland A: Ephemeral. NOT subject to Buffer Rules. NOT subject to Mitigation Rules. No other stream or buffer sites were identified in this request. 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 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 213.0259 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. 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 D E Q�North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 Noana GwauNn oMwbmMofEnv+—v1OnifiV /"� 919.707.9000 during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between 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: (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.