WSCO_DURH_WS Overlay Approval_20190424

Attachment 5
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ROY COOPER
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Governor
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MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
NORTH CARODNA
Interim Director
Environmental Quality
April 24, 2019
Patrick Young
Planning Director
Durham City -County Planning
101 City Hall Plaza
Durham, NC 27701
Subject: Watershed Protection Overlay Interpretation Approval
Dear Mr. Young:
The Division of Energy, Mineral and Land Resources (DEMLR) has reviewed and approved the proposed
amendments to Durham's water supply watershed protection overlay boundary received by our office on
October 30, 2018. Durham submitted the revised overlay in response to a request from Jacob Anderson
(representing property owner) for an administrative interpretation of the Falls /Jordan Lake Protected
Area (F/J-B) boundary located at 739 Baptist Road. We accept that the proposed map and supporting
materials accurately represent the location of Durham's F/J-B Protected Area Boundary. We recognize
that you are not proposing to adjust the location of normal pool elevation with this request.
DEMLR approved the boundary change in accordance with North Carolina General Statute 143-214.5
and North Carolina Administrative Code 15A NCAC .0100, .0200, .0620-.0624. Specifically, 15A
NCAC 2B .0623 (4) requires that all revisions to the Environmental Management Commission's (EMC)
or the local government's critical and protected area boundaries be approved by EMC prior to adoption by
the local government.
On July 12, 2007, the EMC issued a decision to delegate approvals under the Water Supply Watershed
rules to the Director of Division of Water Quality (DWQ). On August 1, 2013, this delegation was
transferred from DWQ to DEMLR.
We appreciate Durham's efforts to help protect the vital public water supplies of this state. Please contact
Paul Clark paul.clark liedenr. og_y or [phone] should you need assistance.
Sincerely,
Annette Lucas
Stormwater Program Supervisor
cc: Chace Smith, Planning Supervisor, Durham City -County Planning
North Carolina Department of Erivironmental Quality ; Division of Energy, Mineral and Land Resources
^f^ D E % 512 North Salisbury Street = [612 Mail Service Center Raleigh, No, th Carolina 27699-160