20200293 Ver 1_Durham Stream Determination_20200224

DU RHAM
1869
CITY OF MEMONE
CITY OF DURHAM
Department of Public Works
Stormwater Services
101 City Hall Plaza I Durham, NC 27701
919.560.43261 F 919.560.4316
www.durhamnc.gov
March 9, 2016
Via E-mail
Sarah Osborne
Soil Service, PLLC
5905 Triangle ❑r.
Raleigh, NC 27675
[phone]
[e-mail]
SUBJECT: Stream ❑etermination-5239 NC Hwy 55, Durham NC
REFERNCE: COD Jordan # 2016-002
Project Name
5239 NC Hwy 55
PIN
0737-01-09-8749
Parcel I❑
153791
Location/ Directions
5239 NC Hwy 55, Durham NC
Sub Stream
Northeast Creek
Date of Determination
March 7, 2016
Table 1. Stream Feature Determinations 5239 NC Hwy 55
Feature
Subject 5ub'ect
Stop @
p
St m
Type
Soil
Survey
� USpS
To 0
A
X
N/A
N/A
N/A
N/A
Ephemeral
N/A
X
X
B
X
N/A: Not Applicable
Wetlands may be present within and adjacent to the project area. Wetland boundary flags were
observed during this evaluation. Contact the City of Durham Planning Department (Dennis Doty
919-560-4137) to determine if your project is subject to wetland set back regulations.
Explanation: The feature(s) listed on the attached Table 1 have been located on the Soil Survey
of Durham County, North Carolina and/orthe most recent copy of the USGS Topographic map at
a 1:24,000 scale, or was determined to be subject per section 8.5(B)(4) of the Durham Unified
Development Ordinance. 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 ❑n 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 (USACE) and
the Division of Water Resources (DWR), or both.

Stream Determination — 5239 NC Hwy 55
Page 2 of 3
This on -site determination shall expire five (5) years from the date of determination in this
letter. Landowners or affected parties that dispute a determination made by the City of
Durham may request a determination by the N.C. Division of Water Resources. 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 the ❑WR shall be referred to DWR in writing c/o
Karen Higgins, Surface Water Protection Section, 1650 Mail Service Center, Raleigh, NC
27699-1650.
❑WR'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 OAH at
http://www.ncoah.com/ or by calling the OAH Clerk's Office at [phone] for information.
Within sixty (60) calendar days of receipt of this notice, 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 Office of Administrative Hearings
6714 Mail Service Center 1711 New Hope Church Road
Raleigh, NC 27699-6714 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 determination is final and binding unless, as detailed above, you ask for a hearing or
appeal within sixty (60) calendar days.
The owner/future owners should notify the City (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 or other City of Durham permit(s).
Durham — Where Great Things Happen

Stream Determination — 5239 NC Hwy 55
Page 3 of 3
Any inquiries regarding section 404/401 permits should be directed to ❑WR (Central ❑ffice)
at [phone], and the USACE (Raleigh Regulatory Field ❑ffice) at [phone].
If you have any questions about the City's determination ❑r need clarification please contact me.
Sincerely,
James Pflaum, Senior Water Quality Technician
James. Pfla u m@durham nc.gov
[phone], x 30255
Attachments: Table 1. Stream Feature Determinations 5239 NC Hwy 55
Stream ❑etermination Map — Exhibit 1
Soil Survey Map — Exhibit 2
USGS Map — Exhibit 3
❑urham — Where Great Things Happen

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Map prepared by Storm -water & GIS Services, Department of Ephemeral Project Stream
Public -Works on March 2016- Information depicted hereon is Intermittent Determination
for reference purposes only and is compiled from the best available Map
sources- The City of DurhanvDurham County assumes no Perennial 2016-002
1859
C11Y U� MkDlarc responsibility for errors arising from use or misuse of this map-

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Exhibit 2
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OFFICE: [phone] FAX: [phone]
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