20081134 Ver 1_Buffer Determination_20080725

O?O? W A T ?9pG
co 7
July 25, 2008
Timothy E. & Darlene C. Brown
9 Burgess Lane
Durham, NC 27707
Subject Property: Brown Property Erosion Control Plan
Coleen H. Sullins, Director
Division of Water Quality
DWQ EXP# 08-1134
Durham County
On-Site Determination for Applicability to the Neuse Riparian Area Protection Rules (15A NCAC 2B
.0233) - EXPRESS REVIEW PROGRAM
Dear Mr. & Mrs. Brown:
On July 24, 2008, at the request of Amanda Boone of Duane K. Stewart and Associates, Inc., Lia M. Gilleski
conducted an on-site determination to review one stream feature located on the subject property for applicability
to the Neuse Buffer Rules (15A NCAC 2B .0233). The feature is labeled as "A", on the attached maps initialed
by Lia Gilleski on July 25, 2008. The Division of Water Quality (DWQ) has determined that the following:
• Feature "A" is not subject to the Neuse Buffer Rule on the property or within 50 feet of the property
boundary. The feature is ephemeral.
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 DWQ that a surface water exists and that it is subject to the buffer rule
may request a determination by the Director. A request for a determination by the Director shall be referred to the
Director in writing c/o Cyndi Karoly, DWQ 401 Oversight/Express Review Permitting Unit, 2321 Crabtree Blvd.,
Raleigh, NC 27604-2260. You must act within 60 days of the date that you receive this letter. Applicants are
hereby notified that the 60-day statutory appeal time does not start until the affected party (including downstream
and adjacent landowners) is notified of this decision. This determination is final and binding unless you ask for a
hearing within 60 days.
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 or Waters of the State. If you have
any questions, please contact Lia Myott Gilleski at 919.733.9502.
SingATely, A
CHS/cbk/lmg V
Attachments: Durham County Soil Survey Map, USGS Topographic Map
cc: Lauren Witherspoon, DWQ Raleigh Regional Office
File Copy
Central Files
Amanda Boone, Duane K. Stewart & Assoc., 3715 University Dr., Durham, NC 27707
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/ncwetlan ds
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
One
Carolina
Naturally
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper
UNITED STATES
DEPARTMENT OF THE INTERIOR
GEOLOGICAL SURVEY
79
36°0730 +
ram
57'3(

0
Mowgwnst ????++A 1
jwoqn of Water
For LN?J ?s
'? 2S
3995 ` \ ?. ,
tl ?t .
r >
h A

DURHAM (-.oi iimiv (\Ir)DTU rnn nr?l ins r