20200125 Ver 1_Buffer and/or Stream Appeal Request_20191120

RECEIVED
November 20, 2019
Request to Appeal Ruling for 3421 Donnigale Ave
(Job Number: SW-1917, letter dated October 9, 2019)
Durham County Stormwater Manager
201 E. Main Street, Suite 561
Durham, NC 27701
To the Durham County Storrinwater Manager,.
We recently received notice that the property adjacent to us, 3421 Donnigale Ave, is for sale
and that the current owner had successfully showed the county that the property does not
have a stream running through it that would impact the ability to build on it. Specifically, we
saw that they are advertising that the lot is now "buildable" on the southwest portion, where a
substantial stream forms during rainfall — a stream which moves very quickly and allows water
to drain from the east ,to west under Brecknock.
We live on the adjacent lot, at 3425 Donnigale Ave, and this stream also runs directly behind
our house, so we have had many occasions to marvel at all of the water that moves through
exactly this portion of the lot in question. We were given a digital version of the letter dated
October 9 from the realtor selling the iot, and it appears we may appeal to you as we are still in
the 60 calendar day period.
We and our neighbors have videos of the stream during storms and we hope that your office
will review this property and the request to change its status. We are concerned that attempts
to block this stream will have a very negative effect on our neighborhood and the
neighborhoods whose rain water runs through it, as well.
Many thanks for your review and response,
Sandra Cotton
3425 Donnigale Ave
Durham, NC 27705
[e-mail]

�,
CGUNT V Engineering d
Environmental
Services
• 1801
October 9, 2019
JOB NUMBER: SW-1917
JOB NAME: 3421 Donnigale Ave
Steven Fuhrman
15275 Collier Blvd
Ste 201 PMB 116
Naples, FL 34119
Dear Mr. Fuhrman:
On October 9, 2019, the Durham County Stormwater and Erosion Control Division was
contacted by David Jenkins with a request for a stream delineation performed by an
outside consultant to be accepted on a property located at 3421 Donnigale Avenue in
Durham.
Per the Durham County Stormwater Ordinance, Section 14-153 (c)(7)(a):
"For streams, a stream delineation is performed by a person selected by the county
engineer from an approved list, which is to be compiled by the county engineer, to do
stream delineations and presented to the county engineer which, to the county engineer's
satisfaction, shows that the stream shown on the most recent version of either the USGS 7
minute quadrangle topographic map or the USDA Soil Survey of Durham County,
North Carolina does not exist. Any person requesting such a stream delineation to be
performed as provided in this subsection shall make application to the county engineer
for the stream delineations to be done and shall pay w fee to cover the cost of said
delineation in an amount as determined by the board of commissioners. "
The attached report dated 7/15/19 from Sage Ecological Services was submitted to
Durham County on October 9, 2019. The attached report has been deemed acceptable by
the Durham County Stormwater and Erosion Control Division, and the conclusions
reached are now available for use on any plans to be submitted to the Durham
City/County Planning Department or the Durham County Stormwater and Erosion
Control Division. This on -site determination shall expire five (5) years from the date of
determination in this letter.
201 E. Main Street, Sth Floor, Durham, North Carolina 27701
[phone] 1 Fax [phone] dconc.gov
Equal Empoyment/Affirmative Action Employer

Per 15A NCAC 02B .0267, any disputes over on -site determinations shall be referred to
the Director in writing. A determination of the Director as to the accuracy or application
of the maps is subject to review as provided in Articles 3 and 4 of G.S. 150B. An appeal
request must be made within sixty (60) calendar days of the 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 DWR shall be referred to them in writing c/o
Karen Higgins, 401 and Buffer Permitting Section, 1617 Mail Service Center, Raleigh,
NC 27699-1617. One copy of the request for a determination shall also be filed with
Durham County Stormwater Manager, 201 E. Main Street, Suite 561, Durham, NC
27701.
DWR's determination can be contested as provided in Articles 3 and 4 of General Statute
150B by filing a written petition for an administrative hearing to the Office of
Administrative Hearings (hereby known as OAH). A petition form may be obtained from
the OA11 at http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-
3000 for information. Within sixty (60) calendar days of receipt of DWR determination, a
petition must be filed with the OAH. A petition is considered filed when the original and
one (1) copy along with any applicable OAH filing fee is received in the OAH during
normal office hours (Monday through Friday between 8:00am and 5:00pm, excluding
official state holidays). The petition may be faxed to the OAH at [phone],
provided the original and one copy of the petition along with any applicable OAH filing
fee is received by the OAH within five (5) business days following the faxed
transmission.
Mailing address for the OAH:
If sending via US Postal Service: If sending via delivery service (UPS, FedEx, etc.):
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to DEQ:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
This determination is final and binding unless, as detailed above, you ask for a hearing or
appeal within sixty (60) calendar days. 'The owner/fiiture owners should notify the
County (including any other Local, State, and Federal Agencies) of this decision
201 E. "'fain Street, Sth Floor, Durham, Port?, Zarol;,ta 27; 01
j9i9i 560-0735 j Fax [phone] &onz.g.
Equal Employment/r\f urnaYivF Action ar,p€Dyer

concerning any future correspondences regarding the subject property (stated above).
This project may require a Section 404/40 i Permit for the proposed activity or other
County of Durham permit(s)..Any inquiriQs regarding section 404/401 permits should be
directed to DWR (Central Office) at (919). 807-6300, and the USACE (Raleigh
Regulatory Field Office) at [phone].
If you have any questions regarding this determination, please feel free to contact me.
Sincerely,
McKenzie Gentry, PE
Stormwater Manager
Cc: David Jenkins, 1304 West Hwy 54, Durham, NC 27707
201 E. Main Street, Sth Floor, Durham, North Carolina 27701
[phone] j Fax [phone] dconc,gov
Equal Employrnent/Affirmative Action Empiov�r