20141158 Ver 1_Buffer Determination_20141118

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NCDEE R
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
November 18, 2014
CERTIFIED MAIL RECEIPT
Kevin Martin
Soil and Environmental Consultants, PA
8412 Falls of the Neuse Road, Suite 104
Raleigh, NC 27615
Subject Property: Triangle Business Center, Lot 2, Durham
Stirrup Iron Creek
John E. Skvarla, III
Secretary
DWR Project # 14 -1158
Durham County
On -Site Determination for Applicability to the Neuse Riparian Area Protection Rules (15A NCAC 2B
.0233)
Dear Mr. Martin:
On November 10, 2014, at your request, Cyndi Karoly and Jennifer Burdette of the Division of
Water Resources (DWR) conducted an on -site determination to review one feature located on the
subject site for applicability to the Neuse Buffer Rules (15A NCAC 2B .0233). The feature is labeled
as B on the attached map initialed by Ms. Karoly on November 10, 2014. DWR Staff from the
Raleigh Regional Office had previously conducted an on -site determination of this feature, along
with two others on the property. In your email message to the Director dated October 28, 2014,
you requested an appeal of their determination for feature B only, as provided within 15A NCAC
026 .0267 (3) (a).
Ms. Karoly and Ms. Burdette conducted an appeal of the original DWR determination as stated
above. During their review, Ms. Karoly and Ms. Burdette evaluated feature B to determine
whether or not it was an excavated, man -made ditch.
• DWR has determined that the feature labeled as "B" on the attached map is a man -made
ditch and is not subject to the Neuse Buffer Rules.
401 and Buffer Permitting Unit
1617 Mail Service Center, Raleigh, North Carolina 27699 -1617
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604
Phone: 919 - 807 -6300 \ FAX: 919 - 807 -6494
Internet: www.ncwaterquality.org
An Equal Opportunity \ Affirmative Action Employer — Made in part by recycled paper

Mr. Martin
Durham County
November 18, 2014
This determination shall replace the determination originally performed by the Raleigh Regional
Office and shall expire five years from the date of this letter.
You can contest the Director's decision as provided in Articles 3 and 4 of G.S. 1508. To contest the
Director's decision you must file a petition for an administrative hearing. You may obtain the
petition form from the office of Administrative hearings. You must file the petition with the office
of Administrative
Hearings within sixty (60) days of receipt of this notice. A petition is considered filed when it is
received in the office of Administrative Hearings during normal office hours. The Office of
Administrative Hearings accepts filings Monday through Friday between the hours of 8:OOam and
S:OOpm, except for official state holidays. The original and one (1) copy of the petition must be
filed with the Office of Administrative Hearings.
The petition may be faxed - provided the original and one copy of the document is received by the
Office of Administrative Hearings within five (5) business days following the faxed transmission.
The mailing address for the Office of Administrative Hearings is:
Mailing address for the OAH:
If sending via U.S. Postal Service: if sending via delivery service (UPS, FedEx, etc.)
Office of Administrative Hearings Office of Administrative Hearings
6714 Mail Service Center 1711 New Hope Church Road
Raleigh, NC 27699 -6714 Raleigh, NC 27609 -6285
One (1) copy of the petition must also be served to DENR:
John Evans, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699 -1601
This letter only addresses the applicability to the buffer rules and does not approve any activity
within Waters of the United States or Waters of this State. If you have any additional questions or
require additional information please call Jennifer Burdette at (919)807 -6364. This determination
is subject to review as provided in Articles 3 & 4 of G.S. 1508.

Mr. Martin
Durham County
November 18, 2014
Sincerely,
Cyndi Karoly, Manager
Wetlands Branch
CBK/cbk
Enclosures: Site Map
NCDWR 10/26/2014 Determination Letter
cc: DWQ RRO 401 files
401 & Buffer Permitting Unit files
Filename: 141158_ TriangleBusinessCenterLot2 _JDN_Stream_Det_Appeal.docx

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North Carolina Department of Environment and Natural Resources
E/ SoI E P
Pat McCrory Jb'16- ; Skvada, III
Governor Secretary
October 26, 2014
S&EC
Kevin Martin
8412 Falls of the Neuse Suite 104
Raleigh, NC 27615
Subject: Stream Buffer Determination
NBRR0 #14 -376
Durham County
Determination Type:
Buffer Call
Isolated or EIP Call
® Neuse (15A NCAC 2B .0233)
Start@
❑ Tar- Pamlico (15A NCAC 2B .0259)
❑ Ephemeral /Intermittent/Perennial Determination
USGS
❑ Isolated Wetland Determination
❑ Jordan (15A NCAC 2B .0267)
To
Project Name: Triangle Business Center Lot 2
Location/Directions: Property is located south of TW Alexander east of Miami Blvd, north of
GE.
Subject Stream: Stirrup Iron Creek
Determination Date: October 10, 2014 Staff: James Graham
Feature/Flag
Not
Subject
E/I/P*
Start@
Stop@
Soil
USGS
Subject
To
Survey
Topo
To
Buffers
Buffers
A
X
E
throughout
throughout
X
B
X
I
1) S &EC flag Start
1) approx 300
X
Channel at Western
feet from start
property line.
S &EC flag
C
X
E
X
Pond
X
X
*E/1/P - Ephemeral /Intermittent/Perennial
ovhi lF TY
North Carolina Division of Water Resources 1628 Mail Service Center Raleigh, NC 27699 -1628 Phone [phone]
Internet: www.ncwaterauality.org Location: 3800 Barrett Drive Raleigh, NC 27609 Fax [phone]
An Equal Opportunity/Affirmative Action Employer-50% Recydedf10% Post Consumer Paper

Triangle Business Center Lot 2
Durham County
October 21, 2014
Page 2 of 2
Explanation: The feature(s) listed above has or have been located on the Soil Survey of Wake County, North
Carolina or the most recent copy of the USGS Topographic map at a 1:24,000 scale. Each feature that is checked
"Not Subject" has been determined not to be a stream or is not present on flee property. Features that are checked
"Subject" have been located on the property and possess characteristics that qualify it to be a stream. There may be
other streams located on your property that do not show up on the maps referenced above but, still may be
considered jurisdictional according to the US Army Corps of Engineers and/or to the Division of Water Resources
(DWR).
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 DWR or Delegated Local Authority may request a determination,by the
Director. An appeal request must be made within sixty (60) days of date'of this letter or from the date the affected
party (including downstream and/or adjacent owners) is notified of this letter. A request for a determination by the
Director shall be referred to the Director in writing c/o Karen Higgins, DWR WeBSCaPe Unit, 1650 Mail Service
Center, Raleigh, NC 27699.
This determination is final and binding unless, as detailed above, you ask for a hearing or appeal within sixty (60)
days. `
The owner /future owners should notify the Division of Water Resources (including any other Local, State, and
Federal Agencies) of this decision concerning any future correspondences regarding the subject property (stated
above). This project may require a Section 404/401 Permit for the proposed activity. Any inquiries should be
directed to the Division of Water Resources (Central Office) at (919)-807 -6300, and the US Army Corp of-Engineers
(Raleigh Regulatory Field Office) at (919 )-5544884.
If you have questions regarding this determination, please feel free to contact James Graham at (919) 791 -4256.
spec y,
Danny SmitK Supervisor
Water Quality Section
Raleigh Regional Office
cc: RRO /SWP File Copy