20041039 Ver 1_Buffer Determination_20040702

Michael F.Easley,Governor
WATF9p William G.Ross Jr.,Secretary
0 North Carolina Department of Environment and Natural Resources
Alan W.Klimek,P. E.Director
"i Division of Water Quality
4 'C
Coleen H.Sullins,Deputy Director
Division of Water Quality
July 2, 2004
DWQ#04-1003
Durham County
Page 1 of 2
Mr. Sean Clark
Soil and Environmental Consultants
11010 Raven Ridge Rd
Raleigh, NC 27814
Subject Property: Page Road site
UT to Stirrup Iron Creek
On-Site Determination for Applicability to the Neuse River Riparian Area Protection Rules(15A NCAC 2B .0233)-
EXPRESS REVIEW PROGRAM
Dear Mr. Clark:
On July 2, 2004, at your request I conducted an on-site determination to review a stream feature located on the subject
property for applicability to the Neuse Buffer Rules (15A NCAC 2B .0233). The feature is labeled as "A"on the attached
maps initialed by me on July 2, 2004.
The Division of Water Quality(DWQ)has determined that the feature'labeled as "A" on the attached maps is
subject to the Neuse Buffer Rule from the flag labeled as "A02" (or"107")as shown on the Preliminary Wetland
Approximation map provided by yourself with the application dated June 30, 2004. This stream and its 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 Dorney, 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 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 Debbie Edwards at [phone].
incerely,
. Klime , .E.
AW K/jrd
North Carolina Division of.Water Quality,401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh,NC 27699-1650(Mailing Address)
2321 Crabtree Blvd., Raleigh,NC 27604-2260(Location)
919-733-1786(phone),919-733-6893(fax),http://h2o.enr.state.nc.us/ncwetlands/

Sean Clark
Page 2 of 2 ,
July 2, 2004
Attachments: Site plan map
cc: Mike Horan, DWQ Raleigh Regional Office
File Copy
Central Files
Filename 04103PageRoad(Durham)streamdet

Soil rr<Environmental Consultants,Inc.
l 11010 Raven Ridge Road,Raleigh,North Carolina 27614
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=WATERS OF THE U.S.SUBJECT TO THE NEUSE RIVER 50 R.BUFFERS[Le.,intermittent I
streams;and be confirmed by the USAGE and DWQ].
=MARGINAL WATERS OF THE U.S,MAY BE SUBJECT TO THE NEUSE RIVER 50 R
BUFFERS[mast be confirmed by the USACE]
JURISDICTIONAL WATERS OF THE U.S.,NOT SUBJECT TO THE NEUSE RIVER BUFFERS]-(most
UFFERS][must be confirmed by the USACE
} =S&EC FLAG DENOTING THE STOPPING POINT OF THE NEUSE BUFFERS AND THE
u START OF A MARGINAL FEATURE[must be confirmed by the USACE and DWQ]
® =S&EC FLAG DENOTING THE END OF THE MARGINAL FEATURE AND THE RESTARTING ��~~ ~\ ~~`\��• ` l 1
OF THE NEUSE BUFFERS[must be confirmed by the USACE and DR'Q] ~
X =S&EC FLAG DENOTING THE STARTING POINT OF THE JURIIDICTIONAL FEATURE to
[must be confirmed by the USACE] X to
O =S&EC FLAG DENOTING THE STOPPING POINT OF THE JURIIDICTIONAL FEATURE / X
[must 6e confirmed by tile USACE] //�✓4'-� �-_ �r�_) �'y►�\/����/...��` }l ll
=BOUNDARY OF EVALUATED AREA =\� �`,'