20042066 Ver 1_COMPLETE FILE_20041213

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DATE: 8 // ?005
Project Number: 707 '?-
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Environmental Consultants, PA
Read • Raleigh, Nor(h Curolina 2761.4 • Phone: 19I9) 146-51MO • Fnx: (0191 S4(i-94h7
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AUG-11-2005 THU 15:52 TEL:[phone] NAME:DWQ-WETLANDS P
FACSIMILE SHEET
FAX NO. [phone]
08!11%2005 17:27 FAX
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Environmental Consultants, PA
Road • Raleigh, North Carolina 27614 • Phone: [phone] • Fax: [phone]
John R. McAdams Comp,my
PO Box 14005
Research Triangle Park, PI_C. 27709
Attention Mr. Bob Zumwalt
Re: Division of Water Quality (DWQ) Verification Meeting of the Neuse Buffer Determination for the
property known as the Hebr >n Road. Property Durham County, North Carolina
Dear Mr. Zumwalt: ?I
l?
On June 18, 2002, Ms. Debtie Edwards of the DWQ, and I ewcd the channel features on the property.
It was determined that the features labeled D, E and F on attached map were not subject to the Neuse
Buffers. It was also determi ied that the feature labeled A, B and C (below flags CM
72) are subject beginning at the points shown on the attached map- (see Neuse River Buffer Rules below),
Ms. Edwards will be gendinf written confmnation of his findings.
Neuse River Buffer Rules
The Neuse River Buffer rule:, which came into effect on 7/22/97, protect up to 50 feet from the edge of
existing "surface waters" (irn ermittent streams, perennial streams, lakes, ponds and estuaries) found within
the Neuse River Basin. The 50-foot buffer basically consists of two zones- The Gat zone is measured 30
feet landward from the top b utk of streams and intended to contain an undisturbed-forested area. The
second zone is measured 20 feet from the edge of the first zone and is intended to contain a vegetated
buffer. A couple of notable points of the rules include; the allowance of grading with re-vegetating within
Zone 2 (the outer 20 feet) an,i the requirement of mitigation for road crossings greater than 150 feet in
width and utility lines rurminq- parallel and within the buffers. Please call if you would like to discuss these
new changes.
Additional Services
If you choose to have us perf mn additional work, the following is a listing of additional services: (1)
Request that the USACE veri Cy our delineation and (2) Notification to the USACE and DWQ regarding
impacts to wetlands and permitting issues, if required- This additional work can be completed at our hourly
rates or a proposal can be generated. Please advise.
Please call if you need further- explanation.
Sincerely,
Todd Preuninger
Attachments: 1) Site Mal
2) Durham county Soil Survey site vicinity map
Ghttrlottc Offic?t'. Lxlto Office: I#icl:rrrV Offita:
236 LePhillip Court, Suite C 3817-E Lawndale Drive 622 Coon Mountain Lane
Concord
NC 28025 Greensboro, NC 27455 Taylorsville, NC 28681
,
Phone: [phone] Phone: [phone] Phone [phone]
Fax: [phone] Fax: [phone] Pax: [phone]
AUC-11-2005 THU 15:52 TEL:[phone] NAME:DWQ-WETLANDS P. 2
April 10, 2003
LE S&EC, Inc. Project # 02-7078
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AUG-11-2005 THU 15:52 TEL:[phone] NAME:DWQ-WETLANDS P. 3
08/11/2005 17:28 FAX
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AUG-11-2005 THU 15:53 TEL:[phone] NAME:DWQ-WETLANDS i (' P. 4
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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
January 7, 2005
Todd Preuninger
Soil & Environmental Consultants, PA
11010 Raven Ridge Road
Raleigh, NC 27614
Subject Property: Hebron Road
Alan W. Klimek, P.E. Director
Division of Water Quality
DWQ Project # 04-2066
Durham County
On-Site Determination for Applicability to the Neuse River Riparian Area Protection Rules (15A
NCAC 2B.0233)
Dear Mr. Preuninger:
On June 18, 2002, at your request I conducted an on-site determination to review 6 features located on the
subject property for applicability to the Neuse Buffer Rules (15A NCAC 2B .0233). The features are
labeled as "A, B, C, D, E and F" on the attached maps.
The Division of Water Quality (DWQ) has determined that the surface water labeled as "A, B and
C" on the attached map are subject to the Neuse Buffer Rule, the origin of these features have been
delineated in the field and identified as: Feature A is subject throughout the property, however this
feature stops at flag #1000; Feature B is subject from the property boundary through to the
confluence of feature A; and the origin of feature C is flag #CM72. Features D, E and F are not
subject to the Neuse Buffer Rule. (Please Note: the feature located just beyond the eastern property
boundary has been impounded by beaver, this feature was not evaluated in the field and according to
the Neuse Buffer Rule, the 50' Riparian Buffer is measured from the normal water level of the
impounded beaver pond) These features and their associated buffers should be identified on any future
plans for this property. The owner (or future owners) should notify the DWQ (and other relevant
agencies) of this decision in any future correspondences concerning this property. 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 John Domey, 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 adjudicatory 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
401 Wetlands Certification Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: httr)://h2o.enr.state.nc.us/ncwetlands
None Caro na
turally
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
Todd Preuninger
Page 2 of 2
1/7/05
Service Center, Raleigh, N.C. 27699-6714. This determination is final and binding unless you ask for a
hearing within 60 days.
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 please call me at (919) 733-
9502.
Sincerely,
Deborah Edwards,
DWQ, Wetlands / 401 Unit
Enclosures: Northwest Durham USGS Quad map
Durham County Soil Survey map
Sketch map of site
cc: DWQ Raleigh Regional Office
File Copy
Central Files
Filename: 042066HebronRd(Durham)origin
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NORTHWEST DURHAM, N. C.
SW/4 DURHAM NORTH 15' QUADRANOLE
36078-A8-TF-024
1973
PHOTOREVISED 1987
DMA 5290?,1{I 8W-SERIES Ve42
Project #: Scale:
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John R. McAdams
Durham, Durham Co., NC
Soil & Environmental Consultants, PA
11010 Raven Ridge Rd.- Raleigh, NC 27614
[phone] • [phone]
Web Page: www.SandEC.com
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