Coley Road - Kemp Road

Beverly Eaves Perdue
Governor
David Vendetti
104 Pinecroft Drive
Raleigh, NC 27609
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Coleen H. Sullins
Director
BASIN:
Neuse River Buffer Determination X
(15A NCAC 213 .0233)
March 24, 2009
Tar-Pamlico Buffer Determination
(15A NCAC 213.0259)
IP/NBRRO#09-025
Durham County
Ephemeral/Intermittent/Perennial Determination X Isolated Wetland Determination
Project Name: Coley Road/Kemp Road
Location/Directions: located northwest of the intersection of Kemp Road and Cole Road
Subject Stream: UT to Rocky Branch
Date of Determination: 3/11/09
Feature(s) Not Subject Start @
Subject Stop@ Soil USGS Ephemeral/
Survey Topo Intermittent/
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Explanation: The feature(s) listed above has or have been located on the Soil Survey of Durham County, North Carolina
or the most recent copy of the USGS Topographic map at a 1:24,000 scale. Each feature that is checked "Not Subject"
has been determined not to be a stream or is not present on the property. Features that are checked "Subject" have been
located on the property and possess characteristics that qualify it to be a stream. There may be other streams located on
1628 Mail Service Center, Raleigh, North Carolina 27699-1628
Location: 3800 Barrett Drive, Raleigh, North Carolina 27609
Phone: [phone] FAX: [phone] Customer Service: 1-877.623-6748
Internet: www.ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer
Dee Freeman
Secretary
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your property that do not show up on the maps referenced above but, still may be considered jurisdictional according to
the US Army Corps of Engineers and/or to the Division of Water Quality.
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 the DWQ or Delegated Local Authority that a surface water exists and that
it is subject to the buffer rule 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 Cyndi Karoly, DWQ Wetlands/401 Unit, 2321 Crabtree
Blvd., Raleigh, NC 27604-2260. Individuals that dispute a determination by the DWQ or Delegated Local
Authority that "exempts" a surface water from the buffer rule may ask for an ad judicatory hearing. You must
act within 60 days of the date that you receive this letter. Applicants are hereby notified that the 60-day statutory
appeal time does not start until the affected party (including downstream and adjacent landowners) is notified of
this decision. DWQ recommends that the applicant conduct this notification in order to be certain that third party
appeals are made in a timely manner. To ask for a hearing, send a written petition, which conforms to Chapter
150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center,
Raleigh, N.C. 27699-6714. This determination is final and binding unless you ask for a hearing within 60 days.
The owner/future owners should notify the Division of Water Quality (including any other Local, State, and
Federal Agencies) of this decision concerning any future correspondences regarding the subject property (stated
above). This project may require a Section 404/401 Permit for the proposed activity. Any inquiries should be
directed to the Division of Water Quality (Central Office) at (919)-733-1786, and the US Army Corp of Engineers
(Raleigh Regulatory Field Office) at (919)-876-8441.
Respectfully,
Lauren C. Witherspoon
Environmental Senior Specialist
CC: Wetlands/ Stormwater Branch, 2321 Crabtree Blvd, Suite 250, Raleigh, NC 27604
RRO/SWP File Copy
1628 Mail Service Center, Raleigh, North Carolina 27699-1628
Location: 3800 Barrett Drive, Raleigh, North Carolina 27609 One
Phone: [phone] FAX: [phone] Customer Service: 1-877-623-6748 NorthCarolina
Internet: www.ncwaterquality.org ???K'/N????
An Equal Opportunity', Affirmative Action Employer l

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