20071315 Ver 1_Buffer Determination_20090222

WATF9 p Michael F. Easley, Governor
William G. Ross Jr., Secretary
Cq t?' North Carolina Department of Environment and Natural Resources
0 Coleen H. Sullins, Director
Division of Water Quality
February 22, 2008
DWQ Project # 2007-1315
Durham County
Page 1 of 2
Real Estate Associates, Inc.
Attn: Mr. Joe L. Jernigan
3633 Chapel Hill Blvd
Durham, NC 27707
Subject Property: Hwy 70 in Durham at the Brightleaf Subdivision in Durham, NC
Request for an Appeal of Previous Appeal for Applicability to the Neuse River Riparian
Area Protection Rules (15A NCAC 2B.0233)
Dear Mr. Jernigan:
On July 30, 2007, Amy Chapman and Periann Russell conducted an appeal of an on-site
determination to review a feature located on the subject property for applicability to the Neuse
Buffer Rules (15A NCAC 2B .0233).
The Division of Water Quality (DWQ) determined on July 30, 2007, that the surface water
is subject to the Neuse Buffer Rule. This on-site determination shall expires five (5) years
from July 30, 2007.
You were instructed in the letter dated, August 3, 2007, from DWQ that you if you disputed the
appeal, that you may ask for an adiudicatory hearing. If you still wish to dispute the July 30,
2007 appeal made by Amy Chapman and Periann Russell of DWQ, then you must 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. The
determination made on July 30, 2007, is final and binding unless otherwise determined by the
Office of Administrative Hearings.
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
Nose Carolina
Nawally
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: http://h2o.enr.state.nc.us/ncwetiands
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
Real Estate Associates, Inc.
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February 22, 2008
or Waters of the State. If you have any additional questions or require additional information
please call Ms. Cyndi Karoly or Ms. Amy Chapman at [phone].
Sincerely,
? 6L? ?'6- "T
Cyndi B. Karoly,
401 Oversight/Express Review Permitting Unit
CBK/asc
cc: Lauren Witherspoon, DWQ Raleigh Regional Office
Jason Payne, S&EC, 11010 Raven Ridge Road, Raleigh, NC 27614
File Copy
Central Files
File name: 0713151-lwy70atBrightleaf SD(Durham)Appeal2