HomeMy WebLinkAbout22-349 Lumley Road Multifamily - final letter
North Carolina Department of Environmental Quality Division of Water Resources
Raleigh Regional Office 3800 Barrett Drive Raleigh, North Carolina 27609
919.791.4200
September 8, 2022
Al. Neyer
Attn: Wyatt Bone
4509 Creedmoor Rd., Ste. 201
Raleigh, NC 27612
(Via email: wbone@neyer.com)
Subject: Buffer Determination Letter
NBRRO #22-349
Durham County
Determination Type:
Buffer Intermittent/Perennial
Neuse (15A NCAC 2B .0714)
Tar-Pamlico (15A NCAC 2B .0734)
Jordan (15A NCAC 2B .0267)
(governmental and/or interjurisdictional
projects)
Intermittent/Perennial Determination
(where local buffer ordinances apply)
(1) E = Ephemeral, I = Intermittent, P = Perennial, NP = Not Present, N/A=Not Applicable
(2) Refers to State riparian buffer rules only. Stream, wetland, or pond impacts are still subject to
applicable water quality standards and permitting requirements.
Project Name Lumley Road Multifamily
Address/Location 5751 Lumley Road
Stream(s): Little Brier Creek
Stream E/I/P
(1)
Not
Subject
(2)
Subject Start @ Stop @ Soil
Survey
USGS
Topo
A P
X –
throughout
property
X X
B E X X
C E X X
D E X X
E E X X
DocuSign Envelope ID: 98012DBD-4B7E-43EC-B82D-E00B5A85597B
North Carolina Department of Environmental Quality Division of Water Resources
Raleigh Regional Office 3800 Barrett Drive Raleigh, North Carolina 27609
919.791.4200
Lumley Road Multifamily
Durham County
September 8, 2022
Page 2 of 2
Explanation: The stream(s) listed above been located on the most recent published NRCS Soil Survey of
Durham County, North Carolina and/or the most recent copy of the USGS Topographic map at a 1:24,000
scale. Each stream that is checked “Not Subject” has been determined not to be at least intermittent or is
not present. Streams that are checked “Subject” have been located on the property and possess
characteristics that qualify it to be at least an intermittent stream. There may be other streams located on
the property that do not show up on the maps referenced above but may be considered jurisdictional
according to the US Army Corps of Engineers.
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 DWR may request a determination by
the Director. An appeal request must be made within sixty (60) days of date of this letter. A
request for a determination by the Director shall be referred to the Director in writing. If sending
via US Postal Service: c/o Paul Wojoski; DWR – 401 & Buffer Permitting Unit; 1617 Mail Service
Center; Raleigh, NC 27699-1617. If sending via delivery service (UPS, FedEx, etc.): Paul Wojoski;
DWR – 401 & Buffer Permitting Unit; 512 N. Salisbury Street; Raleigh, NC 27604.
This determination is final and binding unless, as detailed above, unless an appeal is requested
within sixty (60) days.
This project may require a Section 404/401 Permit for the proposed activity. Any inquiries should
be directed to the US Army Corp of Engineers (Raleigh Regulatory Field Office) at (919)-554-4884.
If you have questions regarding this determination, please feel free to contact Cherri Smith at (919) 791-
4200.
Sincerely,
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
cc: RRO DWR File Copy/Laserfiche
DocuSign Envelope ID: 98012DBD-4B7E-43EC-B82D-E00B5A85597B
Lumley Road Multifamily
Durham County, NC-DWR Project # 22-349
:: Locations are approximate
and are provided for refer-
ence only ::
NRCS Soil Survey Sheet
Durham Co NC 1976
Legend:
-project boundary
A—Subject
B—Not Subject
C—Not Subject
D—Not Subject
E—Not Subject
DocuSign Envelope ID: 98012DBD-4B7E-43EC-B82D-E00B5A85597B
Lumley Road Multifamily
Durham County, NC-DWR Project # 22-349
:: Locations are approximate
and are provided for refer-
ence only ::
USGS Topographical Map
Southeast Durham Quadrangle 2019
Legend:
-Project boundary
B, C, D, and E—Not Depicted
A—Subject
DocuSign Envelope ID: 98012DBD-4B7E-43EC-B82D-E00B5A85597B