Fogleman Property

CCDENR
• North Carolina Department of Environment and Natural Resources
Pat McCrory Donald R. van der Vaart
Governor Secretary
July 15,2015
James Kent Fogleman
405 Intermere Rd.
Durham,NC 27704
Subject:Surface Water Determination Letter
NBRRO#15-305
Durham County
Determination Type:
Buffer Call Isolated or EIP Call
®Neuse(15A NCAC 26.0233)
❑ E]Tar-Pamlico(15A NCAC 2B.0259) EphemeraUlntermittent/Perennial Determination
❑ Isolated Wetland Determination
❑Jordan(15A NCAC 26.0267)
Project Name: Fogleman Property
Location/Directions: Subject property is northeast of the intersection of Red Mill Road and
Interstate 85 and is agricultural.
Subject Stream: Tributary to Ellerbe Creek
Determination Date: July 14,2015 Staff: Cherri Smith
Stream E/I/P* Not Subject Subject Start@ Stop@ Soil USGS
Surve To
A X Farm road X X
culvert
•E../UP=Ephemeral llntermiltent/Perennial
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 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 Resources
(DWR)•
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 or Delegated Local Authority may request a determination by the
Director. An appeal request must be made within sixty(60)days of date of this letter or from the date the affected
party(including downstream and/or adjacent owners)is notified of this letter. A request for a determination by the
NOn` Carolina
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North Carolina Division of Water Resources 1628 Mail Service Center Raleigh,NC 27699-1628 Phone[phone]
Internet: www.ncwatercualitv.om Location:3800 Barrett Drive Raleigh,NC 27609 Fax [phone]
An Equal OpportwitylAf lirrmb a Action Employer-509E Recyded110%Post Consumer Paper

Fogleman Property
Durham County
July 15,2015
Page 2 of 2
Director shall be referred to the Director in writing. If sending via US Postal Service: c/o Karen Higgins,DWR—401
&Buffer Permitting Unit;1617 Mail Service Center,Raleigh,NC 27699-1617 If sending We delivery service(UPS,
FedKv,etc.):Karen Higgins,DWR—401&Buffer Permltnng Unit,512 N.Salisbury Street,Raleigh,NC 27604
This determination is final and binding unless,as detailed above,you ask for a hearing or appeal within sixty(60)
days.
The owner/future owners should notify the Division of Water Resources(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 Resources(Central Office)at(919)-807-6300,and the US Army Corp of Engineers
(Raleigh Regulatory Field Office)at(919)-5544884.
If you have questions regarding this determination,please feel free to contact Chem Smith at(919)791-4251.
S' ly,
Danny Smi
Supervisor,Water Quality Regional Operations Center
cc: RRO DWR File Copy
Eddie Culberson;Durham Soil&Water Conservation District;721 Foster St.;Durham,NC 27701
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