20151282 Ver 1_Buffer Determination_20160329

Water Resources
ENVIRONMENTAL QUALITY
March 29, 2016
Phase H Residential Joint Venture
Attn: c/o Russell Briggs
2805 Tobermory Ln
Raleigh, NC 27606
Hidden Hollow NC Joint Venture
Attn: Michael Nixon
2368 Two Knotch Rd., Suite 210
Columbia, SC 29204
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Secretary
S. JAY ZIMMERMAN
Director
DWQ Project # 2015-1282
Durham County
On -Site Determination for Applicability to the Neuse River Riparian Area Protection Rules (15A NCAC 2B
.0233) at 3310 Gibson Road and 3308 Gibson Road, Durham, NC (located at the end of Grimes Ave)
Dear Sirs:
On March 8, 2016, at the request of Barrett Kayes with Landis, PLLC on behalf of Mr. Russell Briggs,
owner of 3310 Gibson Road, Durham, NC, Katie Merritt and Mac Haupt with the Division of Water
Resources (DWR) conducted an on-site determination to review stream features located on the subject
properties for applicability to the Neuse Buffer Rules (15A NCAC 2B .0233). The stream features are
labeled as "A, C, D and E" on the three (3) attached maps initialed by Ms. Merritt on March 28, 2016.
DWR Staff from the Raleigh Regional Office (RRO) had previously conducted an on-site determination
of the streams accompanied by a letter issued to Mr. Martin Richmond on February 3, 2014. In Mr.
Kayes's letter to the Director dated November 18, 2015, you requested an appeal of the RRO
determination as provided for within 15A NCAC 02B .0233 (3)(a).
Per Mr. Kayes's request, Ms. Merritt and Mr. Haupt conducted an appeal of the RRO determination as
stated above. During their review they evaluated the Ephemeral and Intermittent streams using the NC
DWR Stream ID Identification Form Version 4.11. The table below provides the evaluations of each
stream reach along with their physical locations. Neon green flagging stamped by Division of Water
Quality was used to mark the locations. The form states that if the score is "greater than or equal to 19
points the stream is at least intermittent".
Unnamed
Form
E/I/P
Start@
Stop@
Tributag
Score
Al
28.5
I
Property boundary, interrupted by
Confluence w/ D2
wetland complex (Wet), then picks
back u below Wet
A2
P
Confluence with Al and D2
Confluence w/ C2
State o£North Carolina I Environmental Quality I Water Resources
1617 Mail service Center I Raleigh, North Carolina 27699-1617
919 807 6300

Wet
Flag on tree at approx. -78.8348206,
Flag on tree along Al at
35.9717136
a rox. -78.834897 35.971846
Cl.
25
I
Flag on tree at approx. -78.834959,
Confluence w/ ditch at C2
35.972980
C2
P
Flag on tree at approx. -78.836245,
Confluence w/ A2
35.972388
D1
16
E
Driveway Culvert at 3503 Grimes
Intermittent Point D2
Ave
D2
20
1
Flag instream & on adjacent oak at
Confluence w/ Al
approx. -78.835237, 35.971979
E
Not evaluated due to inability to
locate a discernible conveyance to
the property
Little
P
Throughout
Throughout
Lick
Creek
The DWR has determined that the streams labeled as "Al, A2, C1, C2 and D2" on the attached
maps are at least "intermittent" and are subject to the Neuse Buffer Rule. 15A NCAC 02B .0233
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. 150B. 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 8:00am and
5:00pm, 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
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
If sending via delivery service (UPS, FedEx,
etc)
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609-6285

3310 and 3308 Gibson Road
March 28, 2016
Page 3 of 3
One (1) copy of the petition must also be served to the Department of Environmental Quality:
Sam M. Hayes, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
is
These streams and their associated riparian buffers should be.ideen and other relevant aged on any future ncies) h this
property. The owners (or future owners) should notify the D
decision in any future correspondences concerning this property.
This letter only addresses the applicability to the buffer rules and does not approve any activity within the
riparian buffers. Nor does this letter approve any activity within Waters of the UnitdS call Katie tes or Merritt
rs of
the State. If you have any additional questions or require additional information, please
at [phone]. This determination is subject to review as provided in Articles 3 & 4 of G.S. 150B.
Sincerely,
Karen Higgins, kSupei
401 & Buffer Permitting Branch
KH/kym
Enclosures: Parcel Map, Aerial Map, Durham County Soil Survey
cc: Danny Smith, DWR Raleigh Regional Office
Barrett Kayes (Landis, PLLC, 3908 Bentley Brook Dr, Raleigh< NC 27612
Central Office File Copy
Filename: 1512823310Gibso nRd(Du rham)_StreamDeterAppea

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