20070056 Ver 1_IP Stream Determination_20070118

Michael F. Easley, Governor

William G. Ross Jr., Secretary
North Cazolina Department of Environment and Natural Resources
..,~ Alan W. Klimek, P.E. Director
Division of Water Quality
January 18 2007
Ms. Jennifer Burdette
Burdette Land Consulting, Inc.
308D West Millbrook Road. Suite 200
Raleigh, NC 27609
Subject Property: Pennington South Property
Pittsboro, Chatham County, NC
On-Site Intermittent/Perennial Stream Determination
Dear Ms. Burdette:
DWQ Project # 2007-0056
Wake County
Page 1 of 2
On January 12, 2007, at your request, Eric Kulz conducted an on-site determination to review a
stream feature located on the subject property for anintermittent/perennial determination. The
stream feature is labeled as "A" on the attached map initialed by Eric Kulz on January 12, 2007.
The Division of Water Quality (DWQ) has determined that the stream feature labeled as
"A" on the attached map is perennial at the north property line, identified in the field by
an orange "Start A Perennial" flag. Please note that no other features at the site were
evaluated.
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 Cyndi Karoly, DWQ, 401 Oversight/Express Review Permitting Unit,
2321 Crabtree Blvd., Suite 250, Raleigh, NC 27604-2260. Individuals that dispute a
determination by the DWQ or Delegated Local Authority that "exempts" 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
1~f1e Carolina
~tllCll~~j~
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone [phone] /Fax [phone]
Internet: http://h2o.enr.state.nc.us/ncwetlands
An Equal Opportunity/Affirmative Action Empbyer - 50% Recycledll0% Post Consumer Paper

J. Burdettel
Page 2 of 2
January 18, 2007
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 additi©nal information
please call Amy Chapman at [phone].
Sincerely,
Cyndi Karoly,
401 Oversight/Express Review Permitting Unit
CBK/ijmlasc
Enclosures: Merry Oaks U5GS Topo Map
Burdette Land Consulting Surface Waters and Wetlands Sketch Map
cc: Mike Horan, DWQ Raleigh Regional Office
File Copy
Central Files
Filename: 070056Penni®gtonSouth(Chatham) DET
No Carolina
~atura!!y
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone [phone] /Fax [phone]
Internet: http~//h2o enr state.nc.us/ncwetlands
An Equal Opportunity/Affirmative Action Empbyer - 50% Recycled110% Post Consumer Paper