20160266 Ver 1_Buffer Determination Request_20160314

March 10, 2016
Karen Higgins
DWR-401 & Buffer Permitting Unit
1671 Mail Service Center
Raleigh, NC 27699-1617
RE: Appeal of Stream Determinations for Curtis Media Site
NBRRO #15-397, Durham County
Dear Ms. Higgins:
I live at 4118 Berini Drive in Durham.
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On September 17, 2015 Ms. Cherri Smith with the Raleigh Regional Office of the NC Division of Water
Resources sent a letter to the New Age Communications Limited Partnership (c/o Curtis Media Group)
regarding stream origin determinations made on September 16, 2015 at the property off of Shocorree
Drive (the address being 3941 Shocorree Drive) and bordered by Bernini Drive as well as abutting
properties on Chippers Way. Her letter was about a possible development project on said property.
Despite the explicit statement (in bold) on page two of the letter, I was not notified of this
determination. Polling of neighbors along these streets indicated they, also, have not been notified.
I first found out about this determination at a community meeting on February 27th. (This community
meeting concerned efforts to maintain the present zoning of said property.) I was dismayed to discover
that the sixty-day appeal period ended November 17th of 2015.
Because I have just recently been informed of this by neighbors involved in maintaining present
zoning, I believe the appeal process must be extended. The company involved did not perform its legal
obligation to inform me of this stream origination determination.
I live across the street from the proposed development and will be affected by this development. I
am concerned about the water quality of Ellerbe Creek and its tributaries on the property. This property
holds some of the headwaters of Ellerbe Creek.
Earlier maps indicate that there are tributaries to intermittent streams and therefore, should be
protected by the 'Neuse River Buffer Rules (15A NCAC 28.033)'. I request a stream origin determination
evaluation be done now in springtime. I request copies of all stream rating forms, other field notes and
any other material produced by Ms. Smith during her site visit as well as the September 17' letter and
copies of her notes determining stream origination done, I believe, on September 16, 2015.
I will be alerting other neighbors about this oversight by the owner of the property in question and
urge them to contact you regarding a 'redetermination' evaluation be performed.
Sincerely,%
CX
Laura M. Christensen, D.C.
4118 Berini Drive
Durham, NC 27705
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