20150899 Ver 1_Buffer Determination_20150902

& ASSOCIATES
A Division of Pennoni
Director, Division of Water Quality
NCDENR
C/O Karen Higgins- DWR WeBSCaPa Unit
1650 Mail Service Center
Raleigh, NC 27699
Return Receipt Mail and Email
August 25, 2015
Re: Stream Determination —4601 University Drive, Durham, NC
COD Jordan #2015-007
June 29, 2015
Notice of Appeal
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On behalf of Corium, LLC, A Subsidiary of Blue Cross Blue Shield of North Carolina, PO Box 2291,
Durham, NC 27707, this letter is to officially appeal and to dispute the determination made by City of
Durham, on June 29, 2015 in the above captioned matter.
Specifically, this appeal is related to feature "Si". "S1" is not a stream because it is and has been a
structured stormwater detention and filtering device in place since about 1990.
I respectfully appeal and request your elimination of feature "Si" as an intermittent feature.
Sincerely,
Philip N. Post, P.E., PLS
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Cc: Mr. Jeff Marcus, BCBS
City of Durham: Maverick Raber
Attachment: City of Durham Letter of 06/29/15 and Email of 08/25/15
401 Providence lid., Suite 200 a Chapel Hill, NC 27514 ® Phone: [phone] m Fax: [phone]
www.pennoni.com ( www.ppaengineering.com

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bURHAM
Blue Cross Blue Shield Stormwater Pond and Boardwalk
PIN
CITY OF DURHAM
Parcel ID
Department of Public Works
Location/Directions
Stormwater Services
Sub Stream
101 City Hall Plaza I Durham, NC 27701
Date of Determination
919.560.4326 1 F 919.560.4316
1869
www.durhamnc.gov
CITY OF MEDICINE
X
June 29, 2015
Via E-mail
Philip N. Post
ATC Associates of North Carolina, PC
2725 E. Millbrook Rd Suite 121
Raleigh, NC 27604
[phone]
[e-mail]
SUBJECT: Stream Determination —4601 University Drive, Durham NC
REFERNCE: COD Jordan # 2015-007
ATC Project Number: 045.26643.0004
D E, i2
SES' 2 2015
DENR-�Frr.c
401 & BUFFfL- r[ t..•.:!, i
Project Name
Blue Cross Blue Shield Stormwater Pond and Boardwalk
PIN
0810-13-03-7472, 0810-13-03-3457
Parcel ID
137010, 139488
Location/Directions
4601 University Drive, Durham NC
Sub Stream
Sandy Creek Tributary A
Date of Determination
June 29, 2015
Table 1. Stream Feature Determinatinns 4601 l lnivarcity nriva
feature
S1
Not
Subject
Subject
X
Start @
Lat:35.956416
Long: -78.965756
Stop CCD
Lat:35.956454
Long: -78.965871
Stream
Type
Intermittent
Soil
Survey
X
USGS
Topo
S2
X
Lat:35.958833
Long: -78.964173
Lat:35.957765
Long: -78.965840
Perennial
X
X
S3
X
N/A
N/A
Ephemeral
X
S4
X
N/A
N/A
Ephemeral
X
S5
X
N/A
N/A
Ephemeral
S6
X
N/A
N/A
Ephemeral
S7
X
N/A
N/A
Ephemeral
S8
X
N/A
N/A
Ephemeral
S9
X
N/A
N/A
Ephemeral
X
Wetlands may be present within the study area. Wetland boundary flags were observed during
this evaluation. Contact the City of Durham Planning Department (Dennis Doty 919-560-4137) to
determine if your project is subject to wetland set back regulations.

Stream Determination —4106 University Drive
Page 2 of 3
Explanation: The feature(s) listed on the attached Table 1 and 2 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(8)(4) of the Durham
Unified Development Ordinance. 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 US Army Corps of
Engineers (USACE) and the Division of Water Resources (DWR), or both.
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 150B 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
Durham — Where Great Things Happen

Stream Determination — 4106 University Drive
Page 3 of 3
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).
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,
James Pflaum, Senior Water Quality Technician
[e-mail]
[phone], x 30255
Attachments: Table 1. Stream Feature Determinations 4601 University Drive
Stream Determination Map — Exhibit 1
Soil Survey Map — Exhibit 2
USGS Map — Exhibit 3
Durham — Where Great Things Happen

w5c -�
t..
ISITE SOILS MAP SHOWING
PROPOSED STORM WATER BOND
AND BOARDWALK DEVELOPMENT AREA
1 SOURCE: NRCS
SITE SOILS MAP
ATC PROJECT NO.
Wetlands and Stream Determination 045.26643.0004
Proposed BCBS Storm Water Improvements SCALE: NOTED
Durham, North Carolina
C
P f E

JI 1 G UOU0 IvIlAr
SOURCE: National Map Viewer - USGS Southwest Durham Quad 1993
SITE USGS MAP
Wetlands and Stream Determination
Proposed BCBS Storm Water Improvements
Durham, North Carolina
ATC PROJECT NO.
045.26643.0004
SCALE: NOTED