20071509 Ver 1_Buffer Determination_20070913

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Phillips Development & Realty, LLC
Attn: Mr. Cliff Minsley
124 Quade Drive
Cary, NC 27513
Subject Property: Ellis Road Apartments (Durham)
Coleen H. Sullins, Director
Division of Water Quality
DWQ EXP# 07-1509
Durham County
On-Site Stream Intermittent/Perennial Determination -EXPRESS REVIEW PROGRAM
On September 12, 2007, at the request of from Mr. Jim Phillips of Stewart Engineering, an on-site determination
was conducted to review two stream features located on the subject property to determine their
intermittent/perennial status. The features are labeled as "A" and "B" on the attached map, initialed by Lia Myott
on September 13, 2007. The Division of Water Quality (DWQ) has determined that the following:
Feature "A" is a perennial stream that enters the property on the southern boundary. This feature scored a
34.5 on the NCDWQ Stream Identification Form (without scoring for macrobenthos).
Feature "B" is an ephemeral stream on the property
Northeast Creek was an uncontested perennial stream on the 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 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., Raleigh, NC 27604-2260. 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. 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 of the stream features listed above and does not
approve any activity within the buffers or address features that were not observed during the site visit. Nor does
this letter approve any activity within Waters of the United States or Waters of the State. If you have any
questions, please contact Lia Myott at 919.733.9502.
Sincer ~
CHS/cbk/lem
September 13, 2007
Coleen H. Sullins, Director
C Division of Water Quality
Attachments: NRCS Soil Survey Map, USGS Topo Quad Map, NCDWQ Stream Identification Form
401 Oversight /Express Review Permitting Unit N ~tatura"na
1650 Mail Service Center, Raleigh, North Cazolina 27699-1650 r/~/ y
2321 Crabtree Boulevazd, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone] /Internet: http://h2o.enr.state.ne.us/newetlands
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/ 10% Post Consumer Paper

Ellis Road Apartments
Page 2 of 2
September 13, 2007
cc: Jim Phillips, Stewart Engineering, 421 Fayetteville St, Ste 400, Raleigh, NC 27601
Joe Albiston, 120 E. Parrish St., ls` Floor, Durham, NC 27701
File Copy
Central Files
DWQ Raleigh Regional Office

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North Carolina Division of Water Quality -Stream Identification Form; Version 3.1
_____
Date: ~ 1 Z ~ `~ Project: ~ Latitude:
1 r
Evaluator: Site: Longitude:
Total Points: Other
Stream is at least intermittent ~J 5 „~ o County
if a 19 or erennial if Z 30 )~~ ~~w1b~. ~ e.g. Quad Name:
A. Geomor holo Subtotal = ~ A:bsen't Vheak Moderate Stroing
18. Continuous bed and bank 0 1 2 3
2. Sinuosity 0 1 2
3. In-channel structure: riffle-pool sequence 0 2
4. Soil texture or stream substrate sorting 0 1 2
5. Active/relic floodplain 0 1 ~ 2 3
6. Depositional bars or benches 0 - 2 3
7. Braided channel 0 1 2 3
8. Recent alluvial deposits 0 1 2
9 8 Natural levees 1 2 3
10. Headcuts Ca~~~'s~ -CGS 1 2 3
11. Grade controls 0 0. 1 1.5
12. Natural valley or drainageway 0 0.5 1 1.5°
13..Second or greater order channel on existing
USGS or NRCS map or other documented
evidence.
No = 0
Yes
`./
Nlan-mane OliGneS are no[ raleQ; see CUSSIOns In manual
B. Hvdroloav (Subtotal = 1
14. Groundwater flow/discharge 0 1 2
15. Water in channel and > 48 hrs since rain, or
Water in channel -- d or rowin season 0 1 3
16. Leaflitter 1 0.5 0
17. Sediment on plants or debris 0.5 1 1.5
18. Organic debris lines or piles (Wrack lines) 0 0.5 1 1.5
19. Hydric soils (redoximorphic features) present? No = 0 Yes 1.
C. Bioloov (Subtotal = ~ 1 `~ 1 ~~ ~ ~1`~1 S
20 . Fibrous roots in channel 2 1 0
21 . Rooted plants in channel 2 1 0
22. Crayfish 0 0.5 1 1.5
23. Bivalves 0 1 2 3
24. Fish 0 0.5 1 1.5
25. Amphibians 0 0.5 1 1.5
26. Macrobenthos (note diversity and abundance) 0 0.5 1 1.5
27. Filamentous algae; periphyton 1 2 3
28. Iron oxidizing bacteria/fungus. 0.5 1 1.5
29 . Wetland plants in streambed FAC 0. FACW = 0.75; OBL = 1.5 SAV = 2.0; Other = 0
items zu ana n rocus on ine presence of upiana punts, item za totnses on the presence of aquatic or wetland plants.
Sketch:
Notes: (use back side of this form for additional notes.)
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0 0.1 0.2 0.3 0.4 0.5 km ~ G
0 0.09 0.18 4.Z7 0.36 0.45 mi
UTM 17 692521E 3979715N (NAD83/WGS84)
~` ~_~~~ern High School, USGS Southeast Durham (NC) Quadrangle ~.-g, 736
yyry yq~{y~' ~}pr~ .'~~~~61 Projection is UTM Zone 17 NAD83 Datum G-1.253
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DURHAM COUNTY