The URL can be used to link to this page

Home My WebLink About3812 Darby Rd (Larrimore)NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder Governor Director December 4, 2013 Judith Larrimore 3812 Darby Road Durham, North Carolina 27615 Subject Property: 3812 Darby Road, Durham (Larrimore Property) UT Third Fork Creek Jordan Lake Watershed John E. Skvarla, III Secretary DWR Project #: 13 -1180 Durham County On -Site Determination for Applicability to the Jordan Lake Riparian Area Protection Rules (15A NCAC 02B .0267) Dear Ms. Larrimore: On December 3, 2013, at the request of Steven Ball with Soil & Environmental Consultants, PA, Katie Merritt of the Division of Water Resources' (DWR) Central Office, conducted an on -site determination to review one feature located on the subject property for applicability to the Jordan Lake Buffer Rules (15A NCAC 02B .0267). The feature is labeled as "C" on the attached map initialed by Katie Merritt on December 4, 2013. Staff from the City of Durham's Department of Public Works had previously conducted an on -site determination of the stream. In Mr. Ball's letter to the Director, dated October 30, 2013, he requested an appeal of their determination as provided within 15A NCAC 02B .0267(4)(d). Ms. Merritt conducted an appeal of City of Durham's Department of Public Works staff's determination as stated above. During her review, she evaluated the feature using the DWR Stream Classification Form. Ms. Merritt evaluated the entire length of feature C from the pink flag to the driveway culvert, and calculated the score to be 27.0 points. The form states that if the score is "greater than or equal to 19 points the stream is at least intermittent." 401 & Buffer Permitting Unit One 1650 Mail Service Center, Raleigh, North Carolina 27699 -1650 Noy thCarolina Phone: 919 -807 -6300 t FAX: 919.807 -6494 f'y� Internet: http: / /portal.ncdenr.org /web /wq /ws Naturally An Equal Opportunity 1 Affirmative Action Employer Judith Larrimore Page 2 of 3 December 4, 2013 The DWR has determined that the feature labeled as "C" on the attached map is intermittent and is subject to the Jordan Lake Buffer Rule. This determination shall replace the determination originally performed by the City of Durham's Department of Public Works and shall expire five years from the date of this letter. You can contest the Director's decision as provided in Articles 3 and 4 of G.S. 150B. To contest the Director's decision you must file a petition for an administrative 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. 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 8:00am and 5:00pm, 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: Mailing address for the OAH: If sending via US Postal Service: If sending via delivery service (UPS, FeclEx, etc): Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699 -6714 1711 New Hope Church Road Raleigh, NC 27609 -6285 One (1) copy of the petition must also be served to DENR: Lacy Presnell, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699 -1601 This letter only addresses the applicability to the buffer rules and does not approve any activity within the buffers. Nor does this letter approve any activity within Waters of the United States or Waters of the State. If you have any additional questions or require additional information Judith Larrimore Page 3 of 3 December 4, 2013 please call Jennifer Burdette at 919 - 807 -6364 or Katie Merritt at 919 - 807 -6371. This determination is subject to review as provided in Articles 3 & 4 of G.S. 1508. Sincerely, ka�-M Karen Higgins, Supervisor 401 & Buffer Permitting Unit KAH /km Enclosures: Site Location Map Soil Map Stream Form cc: Bill Hailey, City of Durham's Department of Public Works (via electronic mail) Steven Ball, S &EC, 1010 Raven Ridge Road, Raleigh, North Carolina 27614 DWR RRO 401 files 401 & Buffer Permitting Unit files Filename: 131180_ 3812DarbyRd _Stream_Det_Appeal.docx Durham - Where Great Things Happen I 1i % >/ 0 1 Mile O 5 000 4 000 3 000 2 000 1000 ' 0 5 000 feel Scale 1:15 840 ir....K ]e]vuri.InlwiwanMh+Ne Il q—" DURHAM COUNTY, NORTH CAROLINA NO. 31 ffml