20150939 Ver 1_Buffer and/or Stream Determination_20151009

North Carolina Department of Environmental Quality
Pat McCrory
Governor
CERTIFIED MAIL RECEIPT
7003 2260 0005 5380 9105
Joe Hall, Director of Construction
Durham Habitat for Humanity
215 N Church St
Durham, NC 27701
Subject Property: 2514 Ashe Street
UT Ellerbe Creek
Donald R. van der Vaart
Secretary
October 9, 2015 DWQ Project # 2015-0939
Durham County
On -Site Determination for Applicability to the Neuse River Basin Riparian Area Protection Rules (15A NCAC
2B.0233)
Dear Mr. Hall:
On September 10, 2015, the Division of Water Resources (DWR) received your request to appeal an on-
site determination made by Cherri Smith of DWR's Raleigh Regional Office as provided in 15A NCAC 02B
.0233 (3) (a). On October 9, 2015, Niki Maher and Shelton Sullivan of DWR conducted an on-site
determination to review features located on the subject property for applicability to the Neuse Riparian
Buffer Rules (15A NCAC 2B.0233).
The feature that was evaluated is labeled as "A" on the attached map initialed by Niki Maher on October
9, 2015. During their review, Ms. Maher and Mr. Sullivan evaluated the feature using the DWR Stream
Classification Form and assessed a score of 27.5 points. The form states that if the score is "greater than
or equal to 19 points the stream is at least intermittent." The form is attached to this letter.
The DWR has determined that the feature labeled as "A" on the attached map is at least
"intermittent" and is subject to the Neuse Buffer Rule.
This determination shall replace the determination originally performed by the DWR Raleigh Regional
Office on August 24, 2015 and shall expire five years from the date of this letter.
This determination can be contested as provided in Articles 3 and 4 of General Statute 150B by filing a
written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as
OAH) within sixty (60) calendar days.
Division of Water Resources 401 & Buffer Permitting Unit
1617 Mail Service Center, Raleigh, North Carolina 27699-1617
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone]
Internet: www.ncwaterguabty.ora
An Equal Opportunity , Aflirmahve Action Employer Made In part by recycled paper

Hall- 2514 Ashe St
Durham County
Page 2 of 2
A petition form may be obtained from the OAH at htp://www.ncoah.com/ or by calling the OAH Clerk's
Office at [phone] for information. A petition is considered filed when the original and one (1) copy
along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday
through Friday between 8:00am and 5:00pm, excluding official state holidays).
The petition may be faxed to the OAH at [phone], provided the original and one copy of the
petition along with any applicable OAH filing fee is received by the OAH within five (5) business days
following the faxed transmission.
Mailing address for the OAH:
If sending via U.S. Postal Service.
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
One (1) copy of the petition must also be served to DENR:
If sending via delivery service (UPS, FedEx, etc.)
Office of Administrative Hearings
1711 New. Hope Church Road
Raleigh, NC 27609-6285
Sam M. Hayes, 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
buffers or within waters of the state. if you have any additional questions or require additional
information please call Niki Maher at [phone].
KAH/nam
Enclosures: Site Map, Stream ID Form
cc: Cherri Smith, DWR RRO
401 & Buffer Permitting Unit files
k
4
Filename: 20150939_,2514Ashe_ bufferappealletter

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NC DWQ Stream Identification form Version 4.11 Cpl
Date: IO/A ij
Project/Site: X51+ �� ,
Latitude: g5. tt4
Evaluator: Nfir M (SOS c p An;&J)
County:
Longitude:
Total Points:
Stream is at least intermittent 2�Intermittent
S
Stream Dete 'on circle one)
Ephemeral Perennial
Other
e.g. Quad Name:
if >_ 19 or perennial if >_ 30'
2. Sinuosity of channel along thalweg
1.5
A. Geomorphology (Subtotal = I . )
Absent
Weak
Moderate
Strong
la. Continuity of channel bed and bank
0
1
2
3
2. Sinuosity of channel along thalweg
1.5
1
2
0
3. In -channel structure: ex. riffle -pool, step -pool,
ripple -pool sequence
0
1
0
3
4. Particle size of stream substrate
0
1
2
3
5. Active/relict floodplain
0
No = 0
2
3
6. Depositional bars or benches
0
1
2
3
7. Recent alluvial deposits
0
1
2
3
8. Headcuts
0
1
2
3
9. Grade control
0
0.5
.11 I '�P
1.5
10. Natural valley
0
0.May'5
f
1
1.5
11. Second or greater order channel
No
baa
AM) Yes = 3
`�
artificial ditches are not rated; see discussions in manual
B. Hydroloqy (Subtotal = 10 )
12. Presence of Baseflow
0
1
3
13. Iron oxidizing bacteria
0
1
3
14. Leaf litter
1.5
1
jj!!
0
15. Sediment on plants or debris
0
0.5
1.5
16. Organic debris lines or piles
0
0.5
1.5
17. Soil -based evidence of high water table?
0.5
No = 0
Yes t 3
24. Amphibians
C. Biology (Subtotal
18. Fibrous roots in streambed
3
2
1
0
19. Rooted upland plants in streambed
3
2
1
0
20. Macrobenthos (note diversity and abundance)
1
2
3
21. Aquatic Mollusks
0
1
2
3
22. Fish
0
0.5
1
1.5
23. Crayfish
0
0.5
1
1.5
24. Amphibians
0
0.5
1
1.5
25. Algae
0
0.5
1
1.5
26. Wetland plants in streambed
FACW = 0.75; OBL = 1.5 Other 0
'perennial streams may also be identified using other methods. See p. 35 of manual.
Notes -
Sketch:
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WATE9North Carolina Division of Water Quality
�pF p
y p Neuse & Tar -Pamlico Riparian,
Buffer Rule Changes 2012 NCDENR
Revised December 2012
Session Law 2012-200 became effective on Aug., 1, 2012. This law
changed the application of the Neuse Riparian Buffer Rules (.15A
NCAC 0213 .0233) and Tar-Pamlico-.R'iparian Buffer Rules (15A
NCAC 02B.0259).
The new law and related .rule changes apply only to the construction
of single-family residences -on existing_ lots located in the counties
shown on the map below.
Pt
a. •' / ...
- ; ;
•j , i. A3 S �iF f ` cif �`?.•ii�'�. �y��.� � S.
a:.. -• �� ;;tea
ice„",-~ NEUSE
V� ,,, o` Q TAR-PAMLICO
For the session law's buffer
rule changes to apply,,all of
the following requirements
must be met:
© The property must be in the
Neuse or Tar -Pamlico river
basin;
The property must meet the
definition of an existing lot;
® The development must be for
the construction of a single-
family residence and its nec-
essary infrastructure;
® And, construction of the single
-family residence and its nec-
essary infrastructure would
otherwise be prevented by the
Neuse or Tar -Pamlico Buffer
Rules.
If all of the previously listed
requirements are met, what
does that mean for my
property?
.The protected riparian buffer
has not changed with this law.
However, a single-family home
may potentially be built adjacent
to a waterway or marsh if the
following requirements are met:
® The single -.family residence
must be set back the maxi-
mum feasible distance from
the top of the bank, the nor -
GLOSSARY OF TERMS
Riparian Buffer Area of
vegetated land next to a body
of water.
Coastal Marsh Same as
coastal .wetlands .shown in
diagram on page two.
Diffuse Flow Overland flow of
water that is spread out over
the landscape, not concen-
trated into a defined channel.
Existing Lot A lot of two acres
in size or less that was 'platted
and recorded in the appropriate -
county Register of Deeds prior
to Aug. 1, 2000.
Impervious Surface Land
cover that prevents infiltration
of water into the ground (e.g.,
roof top, concrete).
mal water level or normal high
-water level (whichever is ap-
plicable). It must be designed
to minimize encroachment
into the protected riparian
buffer.
0 The single -"family residence
must be a minimum of 30 feet
landward of the top of the
bank, the normal water level
or normal high-water level
(whichever is applicable).
Stormwater generated by
new impervious surface must
be treated and diffuse flow
maintained through the pro-
tected riparian buffer.
continued on reverse side

Neusefrar-Pamlico Buffer Rule Changes Revised December 2012
• No part of a septic tank or
drainfield may encroach into
the protected riparian buffer.
Flow do I obtain approval to
apply the provisions of the
session law to my property?
If you meet all of the
requirements outlined in this
document and wish to apply
the session law provisions to
your property, please contact
the N.C. Division of Water
Quality regional office nearest
your property's location.
Division staff will verify that all
requirements of the law have
been met and will evaluate
whether,the No Practical
Alternatives requirement of the
Neuse and Tar -Pamlico Buffer
Rules has been met.
A Buffer Authorization or
Variance may be required for
impacts to the protected
riparian buffer.
Who should I contact at the
Division of Water (duality?
Raleigh Regional Office
danny.smitha-ncdenr.gov
919-791-4252
Washington Regional Office
amy.adams(a)-ncdenr.aov
252-948-3917
Wilmington Regional Office
ioanne.steenhuis(cDncdenr.aov
910-796=7306
Central Office
karen.higgins(d-)ncdenr.gov
919-807-6360
In the Neuse and Tar -Pamlico river basins, there is a 50 -foot
protected riparian buffer that is divided into two zones. The 30
feet closest to the water or coastal marsh (Zone 1) must remain
undisturbed, the outer 20 feet (Zone 2) may be managed vegetation.
Additional information can be found at these websites:
QaOFWATF9OG DWQ Regional Offices Map www.ncwaterguality.org
Coastal Stormwater Permitting http://portal.ncdenr.org/web/wq/ws/su/statesw#tab-2
DWQ Buffer Rules Information http://Portal.nedenr.org/web/wg/swp/ws/401/riparianbuffers

2015 0939
September S, 2015
Appeal of Stream Classification Decision
Dear Mr. Zimmerman and/or Ms. Higgins,
On August 20, 2015 Cherri Smith visited our property at 2514 Ashe Street in Durham, NC. She
determined that stream on the north property boundary was intermittent and required a minimum
50 foot buffer from the top of the stream bank per DEHNR watershed rules. This lot is located in
the Ellerbe Creek Watershed.
A 50 foot stream buffer will make this lot unbuildable for us. Ms Smith said that her
determination was border -line and advised that we should appeal to you and that you might
determine otherwise. And so Durham Habitat for Humanity respectfully appeals this decision,
and requests your soonest consideration.
Sincerely yours,
Joe Hall
Director of Construction
Durham Habitat for Humanity
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NCDEgR-
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
Durham Habitat for Humanity
Attn: Joe Hall
215 N. Church St.
Durham, NC. 27701
Determination Type:
Buffer Call
Neuse (15A NCAC 2B .0233)
❑ Tar -Pamlico 05A NCAC 26 .0259)
❑ Jordan (15A NCAC 2B .0267)
August 24, 2015
Donald R. van der Vaart
Secretary
Subject: Surface Water Determination Letter
NBRR0415-367
Durham County
Isolated or EIP Call
® Ephemeral/Intermittent/Perennial Determination
❑ isolated Wetland Determination
Project Name: 2514 Ashe Street
Location/Directions: Subject property is a vacant lot at 2514 Ashe Street.
Subject Stream: Tributary to Ellerbe Creek
Determination Date: August 20, 2015 Staff: Cherri Smith
Stream
E/IIP*
Not .Subject
SubjectY
Start@
Stopta,
Soil
USGS
Survey
To o
A
I
X
Bingham Street
_
X
culvert
*,-,'1/P = Ephemeral/YntermittenilPerennial
Explanation: The feature(s) listed above has or have been located on the Soil Survey of Durham 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 the 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 LIS Army Corps of Engmeers 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
NothCarolina
)VIVUrldy
North Carolina Division of Water Resources 1628 Mail Service Center Raleigh, NC 27699-1628 Phone [phone]
Internet: www.ncwaterouality.ora Location: 3800 Barrett Drive Raleigh, NC 27609 Fax [phone]
An Equal 9pportundy/Affirmative Action Employer -50% Recyded110% Post Consumer Paper

Spring Hope Solar Site 2
Nash County
July 15, 2015
Page 2 of 2
Director shall be referred to the Director in writing. If sending via US Postal Service: c/o Karen Higgins, DWR -- 4101
& Buffer Permitting Unit; 1617 Mail Service Center, Raleigh, NC 27699-1617. If sending via delivery service (UPS,
FedEx, etc.): Karen Higgins; DWR — 401 & Buffer Permitting Unit; 512 N. Salivbury Street; Raleigh, NC 27604.
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 notifv the Division of Water Resources (including any other Local, State, and
Federal Agencies) of this decision concerning any future correspondences regarding (lie 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 regard, this determination, please feel free to contact Cherri Smith at [phone]
ince ly,
Danny Smith
Supervisor, Water Quality Regional Operations Center
cc: RRO DWR File Copy

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Durham County, North Carolina - Property Record Card
Durham County, NC
Assessor of Property
Owner Name Owner Address
DURHAM COUNTY HABITAT FOR 215 N CHURCH ST
HUMANITY DURHAM , NC
27701
GENERAL PROPERTY INFORMATION
Parcel Ref No: 114450
PIN: 0831-20-72-9176
Account No: 8219465
Tax District: CNTY-DRHM/CITY-DRHM
Land Use Code: 311
Land Use Dose: VAC RES/ LOT-SML
TRACT
Subdiv Code: 1426
Subdiv Dose: PROP -BRIGGS BART G
HMEPLC
Neighborhood: 036RE
Year Built: 0
Built Use I Style:
Current Use:
*Percent Complete: 0%
Heated Area (S/F): 0
** Bathroom(s): 0 Full Bath(s) 0 Half Bath
(s)
** Bedroom(s): 0
Fireplace (YIN): N
Basement (Y/N): N
Attached Garage (Y/N): N
Multiple Improvements: 0
Legal Description: PROP -BRIGGS BART
G HMEPLC /LT#26-27
Deed Book & Page: 6343 / 573
Plat Book & Page: 000015 1000004
Last Sale Date:
Last Sale Price: $-
Property Tax Appraisal: $11,173 *
* The appraised value is the
estimated value as of the last
general reappraisal, effective
January 1, 2008
Land Market Value: $11,173
Land Present Use Value: $11,173
Land Total Assessed Value: $11,173
Building Value: $-
Map Acres: 0.171
Page 1 of 1
Property Record Card
Location Address
2514 ASHE ST
Appraised Improvement
Values
Appraised Value as of January 1,
2008
* Note - As of January 1
* * Note - Bathroom(s), Bedroom(s), shown for description only
Data Disclaimer: All data shown here is from other primary data sources and is public information. Users of the data are hereby
notified that the aforementioned public information sources should be consulted for verification of the information contained on
this website. While efforts have been made to use the most current and accurate data, Durham County, NC and data providers
assume no legal responsibility for the use of the data contained herein.
Please direct any questions or comments about the data displayed here to tax—[e-mail]
( mai Ito: tax_assessor@dconc.g ov)
http://property.spatialest.com/nc/durham/property/114450/print 9/24/2015

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FOR REGISTRRTION REG Tt on
ER OF DEEDS
WDl1RHHMLCOUNTY. NG
2009 OCT 16 09:01:39 AM
6X:6343 PG: 573-576 FEE:$25.00
NORTH CAROLINA
NON -WARRANTY DEED
Excise Tax: $0.00 Recording Time, Book and Page
Tax Map No. 114450 Parcel Identifier No.
Mail after recording to: GRANTEE, 215 N. CHURCH STREET, DURHAM, NC 27701
This instrument was prepared by: H. EUGENE TATUM III
THIS DEED made this day of by and between
VANESSA E. BELL, UNMARRIED
GRANTOR
GRANTEE
DURHAM COUNTY HABITAT FOR HUMANITY, INC., A NORTH CAROLINA NONPROFIT
CORPORATION
PROPERTY ADDRESS: 2514 ASHE STREET, DURHAM, NC 27703
The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors,
and assigns, and shall include singular, plural, masculine, feminine or neuter as required by context.
WITNESSETH, that the Grantor, for a valuable consideration paid by the Grantee, the receipt of
which is hereby acknowledged, has and by these presents does grant, bargain, sell and convey unto the
Grantee in fee simple, all that certain lot or parcel of land situated in the City of Durham,
Township, Durham County, North Carolina, and more particularly described
as follows:

BEGINNING AT THE SOUTHWEST INTERSECTION OF ASHE STREET (FORMERLY OLD
ANGIER AVENUE) AND BINGHAM STREET (FORMERLY ROGERS STREET) AND
RUNNING THENCE WITH BINGHAM STREET, SOUTH 19 DEG. 30 MIN. WEST 161 FEET TO
THE NORTHEAST CORNER OF LOT 25 AS SHOWN ON THE PLAT HEREINAFTER
REFERRED TO AND RUNNING THENCE WITH SAID LOT NORTH 70 DEG. 30 MIN. WEST 50
FEET TO THE SOUTHEAST CORNER OF LOT 28; THENCE WITH SAID LOT NORTH 19 DEG.
30 MIN. EAST 157.4 FEET TO AS1 E STREET; THENCE WITH SAID STREET SOUTH 74 DEG.
30 MIN. EAST 50.2 FEET TO THE BEGINNING, AND BEGINNING LOTS 26 AND 27 AS
SHOWN ON THE BART G. BRIGGS HOMEPLACE, RECORDED IN PLAT BOOK 15 AT PAGE
4, AND BEING THE SAME PROPERTY CONVEYED BY WARRANTY DEED DATED
AUGUST 7, 1952, FROM 1. P. MCFARLAND AND WIFE TO I. P. MCFARLAND, JR., AND
WIFE IN DEED BOOK 207 AT PAGE 445, DURHAM COUNTY REGISTRY. THERE IS
EXPRESSLY EXCEPTED THAT PORTION OF THE ABOVE PROPERTY CONVEYED TO THE
CITY OF DURHAM FOR THE PURPOSE OF WIDENING THE WEST SIDE OF ROGERS
STREET, AS APPEARS IN DEED BOOK 213 AT PAGE 72.
The property hereinabove described was acquired by Grantor by instrument recorded in Book 1410,
Page 258.
A map showing the above described property is recorded in Plat Book , Page
TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances
thereto belonging to the Grantee in fee simple.
Grantor makes no warranty, express or implied, as to the title to the property hereinabove described.
IN WITNESS WHEREOF, the Grantors have hereunto set their hands and seals, or, if corporate, has
caused this Deed to be executed by its duly authorized officers and its seal to be hereunto affixed, the
day and year first above written. zkllw.A6,11,'�7 -
(SEAL}
VANESSA E. hltl,
�" (SEAL)

STATE OF Y-'% S COUNTY OF a U dtS
I, certify that the following person(s) personally appeared before me this day, each acknowledging to
me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the
capacity indicated: Vanessa E. Bell, Grantor(s). Witness my hand and official stamp or seal, this the
-day of trOf P4,-. b Q.r� _ ra
MY C
MUM
+� Notary Pubilc
STATE OF TEXAS
a My Coffm Exp. M 1212
NORTH CAROLINA
�Mvjrtlr
Notary Public
Print Notary Name: &ajkA f"d: x b�;ran;
COUNTY
I, certify that the following person(s) personally appeared before me this day, each acknowledging to
me that he or she voluntarily signed the foregoing document for the purpose stated therein and in the
capacity indicated: , Grantor(s). Witness my hand and official stamp
or seal, this the ___L_____ day of
My Commission Expires:
Notary Public
Print Notary Name:

WILLIE L. COVINGTON
REGISTER OF DEEDS, DURHAM COUNTY
DURHAM COUNTY COURTHOUSE
200 E. MAIN STREET
DURHAM, NC 27701
PLEASE RETAIN YELLOW TRAILER PAGE
It is part of recorded document, and must be submitted with original for re-recording
and/or cancellation.
Filed For Registration: 10116/2009 09:07:39 AM
Book: RE 6343 Page: 573-576
Document No.: 2009036898
DEED 4 PGS $25.00
Recorder: APRIL J WILLIAMS
2009036898