20071684 Ver 1_Buffer Determination_20071012

�13F W A rF9P Michael F.Easley,Governor
`0 William G.Ross Jr.,Secretary
CO
r� North Carolina Department of Environment and Natural Resources
Coleen H.Sullins,Director
Division of Water Quality
October 12, 2007
DWQ EXP#07-1684
Durham County
Gil Squires
4000 Westchase Blvd.
Raleigh,NC 27607
Subject Property: Brightleaf Tract 12
On-Site Determination for Applicability to the Neuse Riparian Area Protection Rules(15A NCAC 2B
.0233)-EXPRESS REVIEW PROGRAM
On October 11,2007, at the request of Mr. Jay Keller, an on-site determination was conducted to review two
stream features located on the subject property for applicability to the Neuse Buffer Rule(15A NCAC 2B .0233).
The features are labeled as"A" and`B"on the attached map, initialed by Lia Myott on October 12, 2007. The
Division of Water Quality(DWQ)has determined that the following:
• Feature"A" is not subject to the Neuse Buffer Rule. This ephemeral stream was observed to the
confluence with Lick Creek.
• Feature"B" is not subject to the Neuse Buffer Rule. This feature is an isolated ephemeral stream that ends
at the floodplain of Lick Creek.
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.
Sincerely,
Co een H. Sullins, Director
NC Division of Water Quality
CHS/cbk/lem
Attachments: NRCS Soil Survey Map, USGS Topo Quad Map
No Carolina
401 Oversight/Express Review Permitting UnittuCa!!y
1650 Mail Service Center,Raleigh,North Carolina 27699-1650
2321 Crabtree Boulevard,Suite 250,Raleigh,North Carolina 27604
Phone: [phone]/FAX [phone]/Internet:http://b2o.enr.state.nc.us/ncwettands
An Equal Opportunity/Affirmative Action Employer—50%Recycled/10%Post Consumer Paper

Gil Squires
Page 2 of 2
October 12,2007
cc: Jay Keller, 7921 Haymarket Lane, Raleigh,NC 27615
Joe Albiston, 120 E. Parrish St., I"Floor, Durham,NC 27701
Lauren Witherspoon,NCDWQ Raleigh Regional Office
File Copy
Central Files

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