20160856 Ver 1_Buffer and/or Stream Determination_20160906

Environmental Consultants,
NC 27615 • Phone: (919) &Wr 59(00
.:mdmxorn
August 31, 2016
S&EC Project p 12891. W I
To: N.C. Division of Water Resources (DWR)
Surface Water Protection Station (SWPS)
Wetlands Branch - 401 & Buffer Pcnnining Unit
Atm: DWR Director c/o Ms. Kamm Higgins or Jennifer Burdette
Archdale Building - 9'^ Floor
512 N. Salisbury Street
Raleigh, NC 27604
Cc: DENR Raleigh Regional Office
Attn: Ms. Chari Smith
3800 Barnett Drive
Raleigh, NC 27609
Re: MLK/Hwy 55 Site, Durham, Durham County. NC
Appeal Request On-site Stream Determination -Feature B
City of Durham - UDO 8.5.6 (8)(5)
On behalf of the OwneT, Cornwallis Ventures, we hereby request an appeal of an on-site stream determination of
feature B performed by the City of Durham represcritative (attached) as allowed under City of Durham UDO
8.5.6(8X5). The UDO states; "...any dispute shall be referred to the Division Director c% the 401 Oversighr Express
Permitting Unit. or its successor, in writing." Please contact mvself at 919-691-2114 or sbalPn sandocxom to schedule
the on-site appeal meating.
Steven Ball. RF, PWS
Project Manager
Atuchmrnes: Complete DWR Stream Origin/Buffer Applicability Determination Form
NC DWQ Stream Determination Certificate of Training
City of Durham Stream Determination

DURHAM
1869
CITY OF MEDICINE
CITY OF DURHAM
Department of Public Works
Stormwater Services
101 City Hall Plaza I Durham, NC 27701
919.560.4326 1 F 919.560.4316
www.durhamnc.gov
August 24, 2016
Via E-mail
Steven Ball, RF
Soil & Environmental Consultants, PA
8412 Falls of Neuse Road, Suite 104
Raleigh, NC 27615
(919) 691 - 2114
sballksandec.com
SUBJECT: Stream Determination — 3322, 3320 NC 55 HWY and 212 E. Cornwallis Road
REFERNCE: COD Jordan # 2016-008
Project Name
3322, 3320 NC 55 HWY and 212 E. Cornwallis Road
PIN
0739-03-24-7636, 0739-03-24-7286, 0739-03-24-7051
Parcel ID
155774, 155773, 155771
Location/Directions
3322, 3320 NC 55 HWY and 212 E. Cornwallis Rd, Durham, NC
Sub Stream
Northeast Creek
Date of Determination
August 18, 2016
Table 1. Stream Feature Determinations 3322, 3320 NC 55 HWY and 212 E. Cornwallis Road
Not FStream Soil USGS
Feature Subject Subject Start @ Stop @ Type Survey Topo
A
X
Outside Project Area
Outside Project Area
Perennial
X
X
B
X
Consultant's Flag SF1
Outside Project Area
Intermittent
X
C
X
Consultant's Flag SF3
Consultant's Flag SF4
Ephemeral
X
X
D
X
Consultant's Flag SF4
Outside Project Area
Ephemeral
X
X
Wetlands may be present within and adjacent to the project area. Contact the City of Durham
Planning Department (Dennis Doty 919-560-4137) to determine if your project is subject to
wetland set back regulations.
Explanation: The feature(s) listed on the attached Table 1 have been located on the Soil Survey
of Durham County, North Carolina and/or the most recent copy of the USGS Topographic map at
a 1:24,000 scale, or was determined to be subject per section 8.5(B)(4) of the Durham Unified
Development Ordinance. Each feature that is checked "Not Subject" has been determined not to
be a stream. Features that are checked "Subject" 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 US Army Corps of
Engineers (USACE) and the Division of Water Resources (DWR), or both.

Stream Determination — 3322, 3320 NC 55 HWY and 212 E. Cornwallis Road
Page 2 of 3
This on-site determination shall expire five (5) years from the date of determination in this
letter. Landowners or affected parties that dispute a determination made by the City of
Durham may request a determination by the N.C. Division of Water Resources. An appeal
request must be made within sixty (60) calendar days of the 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 DWR shall be referred to DWR in writing c/o
Karen Higgins, Surface Water Protection Section, 1650 Mail Service Center, Raleigh, NC
27699-1650.
DWR's determination can be contested as provided in Articles 3 and 4 of General Statute 1506 by
filing a written petition for an administrative hearing to the Office of Administrative Hearings
(hereby known as OAH). A petition form may be obtained from the OAH at
http://www.ncoah.com/ or by calling the OAH Clerk's Office at [phone] for information.
Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. 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:OOam and S:OOpm, 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 US Postal Service: If sending via delivery service (UPS, FedEx, etc.):
Office of Administrative Hearings Office of Administrative Hearings
6714 Mail Service Center 1711 New Hope Church Road
Raleigh, NC 27699-6714 Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to DENR:
Lacy Presnell, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699-1601
This determination is final and binding unless, as detailed above, you ask for a hearing or
appeal within sixty (60) calendar days.
The owner/future owners should notify the City (including any other Local, State, and
Federal Agencies) of this decision concerning any future correspondences regarding the
subject property (stated above). This project may require a Section 404/401 Permit for
the proposed activity or other City of Durham permit(s).
Durham — Where Great Things Happen

Stream Determination — 3322, 3320 NC 55 HWY and 212 E. Cornwallis Road
Page 3 of 3
Any inquiries regarding section 404/401 permits should be directed to DWR (Central Office)
at [phone], and the USACE (Raleigh Regulatory Field Office) at [phone].
If you have any questions about the City's determination or need clarification please contact me.
Sincerely,
Christine Smith, Water Quality Technician
[e-mail]
[phone], x 30276
Attachments: Table 1. Stream Feature Determinations
Stream Determination Map — Exhibit 1
Soil Survey Map — Exhibit 2
USGS Map — Exhibit 3
Durham — Where Great Things Happen

DURHAM
Map prepared by Stormwater & GIS Services, Department of
Public Works on August 2016: Information depicted hereon is
for reference purposes only and is compiled from the best available
REFERENCE: COD Jordan # 2016-008 N
Exhibit 1
Q Project Area
Ephemeral
Intermittent
Stream
sources. The City of Durham/Durham County assumes no
0 70 140 280 Feet
Determination
Perennial
$ •6 :=4
responsibility for errors arising from use or misuse of this map
I i I i i i I
Map
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Project Number: 12891.W1 Map Title: N
Figure 2 - Soil Survey Map4 1,000 Project Manager: I i I i I
S€3 MLK/NC 55 Property Feet
scale: 1" = 500' Durham County, NC
Source: * soil a Environamiital (,onsultants, 1'.N
Date: Durham County„1.
8/01/16 Soil Survey Sheet 31

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Project Number. 12891.W1 Map Title: N
Figure 1 - USGS Mapo goo i ,000
Project Munger: l 1 s s i I
SB MLKINC 55 Property Feet
scale:1" = 500 'Durham County, NC
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IOU cYc Environmental Corl%ultallt%, PA
Date: Durham County �.r �... �..:�,•......,„,.� ......,.�,..
8/01J1� Southwest Durham Quad ran le '' ”"

Water Resources
ENVIRONMENTAL QUALITY
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Secretary
S. JAY ZIMMERMAN
Director
Date Received DWR Use Only: Project #
Buffer Determination Request Form
Property Owner information
1. Owner Information
Ia. Name(s) on Recorded Deed
Cornwallis Ventures LLC
lb. Responsible Party (for LLC)
lc. Mailing Address
3300 Twin Leaf Dr. Raleigh, NC 27613
Id. Telephone Number
le. Email Address
Address of Property: Intersection of MLK Blvd/Hwy 55, Cornwallis Rd is the northern property boundary.
Project Description (attach plan if available):
Consultant/Agent Information
4. Agent/Consultant Information
4a. Name, Company
Steven Ball, S&EC
4b. Mailing address
8412 Falls of Neuse Road, Suite 104, Raleigh, NC 27615
4c. Telephone no.
919-846-5900
4d. Email address
[e-mail]
5. Project and Site Information
5a. Name of project
MLK/Hwy 55 Site
5b. County
Durham
5c. Nearest Named Stream
Northeast Creek
5d. River Basin
Cape Fear
6. Has anyone from DWQ visited the site? Y / N I I Staff Name I Date of Visit?
Attach a map of the site indicating project boundaries on the USGS 1:24,000 Topo and/or NRCS Soil Survey.
Please return form Stephanie Goss
to: 1628 Mail Service Center
Raleigh, NC 27699-1628
Email: [e-mail]
Please contact the Raleigh Regional Office at [phone] if you have any questions.
Division of Water Resources, Raleigh Regional Office, Water Quality Operations Section http://portal.ncdenr.org/web/wq/aps
1628 Mail Service Center, Raleigh, NC 27699-1628 Phone: [phone]
Location: 3800 Barrett Drive, Raleigh, NC 27609 Fax: [phone]