20071221 Ver 1_Stream Call Letter_20070703

~OF W ATFRQ Michael F. Easley, Governor
,`d t!i William G. Ross Jr., Secretary
C? T'r.. North Carolina Department of Environment and Natural Resources
~ -i
D ~ Coleen H. Sullins, Director
Division of Water Quality
August 3, 2007
DWQ Project # 2007-1221
Durham County
Page 1 of 2
S&EC
Attn: Mr. James Graham
11010 Raven Ridge Road
Raleigh, NC 27614
Subject Property: Doc Nichols Appeal, Durham County, NC
APPEAL of On-Site Determination for Applicability to the Neuse River Riparian Area
Protection Rules (15A NCAC 2B .0233)
Dear Mr. Graham:
On August 1, 2007, Amy Chapman and Periann Russell conducted an appeal of an on-site
determination previously conducted to review three features located on the subject property for
applicability to the Neuse Buffer Rules (15A NCAC 2B .0233).
• The feature labeled as "D" in the field and on the attached map initialed by Amy
Chapman on August 1, 2007 is not subject to the Neuse Buffer Rule. This feature was
previously determined as "subject" to the Neuse Buffer Rule by the Raleigh Regional
Office.
• The feature labeled as "E" on the attached map initialed by Amy Chapman on August 1,
2007 is not subject to the Neuse Buffer Rule. This feature does not show up on the
USGS Topo or Soil Survey Map and is not subject to the Neuse Buffer Rule. This
feature was previously determined as "subject" to the Neuse Buffer Rule by the Raleigh
Regional Office.
• The feature labeled as "C" in the field and on the attached map initialed by Amy
Chapman on August 1, 2007 is subject to the Neuse Buffer Rule. The GPS coordinates
for this "C" flag are 3556.759N; 7847.654W. This feature was previously determined as
"subject" to the Neuse Buffer Rule further up the feature by the Raleigh Regional Office.
This on-site determination shall expire five (5) years from the date of this letter.
Individuals that dispute an appeal 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 No°e Carolina
~turally
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: httn://h2o.enr.state.nc.us/ncwetlands
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Page 2 of 2
July 26, 2007
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 Amy Chapman at [phone].

CBK/asc
Sincere
~.
'~Cyndi B. Karoly,
401 Oversight/Express Review Permitting Unit
Enclosures: USGS Topo
cc: Lauren Cobb, DWQ Raleigh Regional Office
File Copy
Central Files
Filename: 071221 DocNicholsS ite(Durham)DET_APPEAL

10161 .W1
Pro,Ject Manager:
DG
Scale:
I " = 2,000'
Date:
03/2 I /0.6
Map Title:
Figure I . USGS Quad
Doc Nichols Site
Project #: 100161 .W I
Durham County, NC
Source:
Southeast burham Quad
Soil & 8nvi.rotrme~t[aI Consultants, P.A
11010 Raven Ridge Rd.• Raleigh, NC 27614
(919j846.5900•(919)84&-9~t67
Web Pages www.SandSC.can
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