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June 12, 2003
DWQ # 03-0710
RRO - NBR Project No. 03-051
Durham County
Soil & Environmental Consultants, Inc.
Attn: Mr. Todd Preuninger; . )
11010 Raven Ridge Road
Raleigh, NC 27614
Subject Property: Panther Creek Subdivision
S&EC, Inc. Project No. 03-7568
Panther Creek [03-04-02, 27-6-(1), WS-IV (water supply) NSW (nutrient sensitive)]
On-Site Determination for Applicability to the Neuse River Riparian Area Protection Rules (15A NCAC 213 .0233)
Dear Mr. Preuninger:
On June 11, 2003, at your request I conducted an on-site determination to review an "isolated pond" located on the
subject property for applicability to the Neuse Buffer Rules (15A NCAC 2B .0233). The feature is labeled on the attached
map initialed by me on June 12, 2003 as "Isolated Pond / Appeal Call". Division of Water Quality (DWQ) Staff from the
Raleigh Regional Office (RRO) had previously conducted an on-site determination of the feature as described within their
letter to you dated April 1, 2003. You requested an appeal of their determination as provided within 15A NCAC 02B
.0233(3)(a). At your request, I conducted an appeal of their determination as stated above. The feature appeared to be
an old pond that had been drained years ago based on the fact that trees (approximately 5 inches dbh) were growing
within the man-made channel cut through the historic dam. The feature appeared to have a direct connection to the larger
stream through the channel cut through the historic dam. The feature contained mostly vegetated wetlands
(approximately 75%) and some open water (approximately 25%). 1 was unable to define an "intermittent or perennial
stream". I determined the feature to be a "wetland" and not a surface water (e.g., intermittent stream, perennial stream,
lake, pond or estuary). Based on my evaluation, the DWQ has determined that the feature labeled as "Isolated
Pond / Appeal Call" is a wetland and not subject to the Neuse Buffer Rule. This determination shall replace the
determination originally performed by the Regional Office. The owner (or future owners) should notify the DWQ (and
other relevant agencies) of this 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 buffers. Nor
does this letter approve any activity within Waters of the United States or Waters of the State. Wetlands or other Waters
of the U.S. may exist on the property. You should contact the U.S. Army Corps of Engineers (USACE) to ensure
compliance with wetland regulations. in addition, as stated above I believe that the feature is a wetland. You stated
the USACE delineated the feature as "isolated". Therefore, I recommend that you contact Mr. John Dorney of the
DWQ Wetlands/401 Unit at [phone] to discuss compliance with Isolated Wetland Permits. If you have any
additional questions or require additional information please call me at [phone].
Sincerely, Zarzecki, Alan W. Klimek, P.E.
DWQ, Wetlands/ 401 Unit Director, Division of Water Quality
cc: Steve Mitchell, DWQ Raleigh Regional Office
File Copy
Central Files
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Michael F. Easley
Governor
William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
Alan W. Klimek, Director
Division of Water Quality
North Carolina Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state.nc.us/ncwetlandS/
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NORTHEAST DURHAM QUADRANGLE
NORTH CAROLINA
7.5 MINUTE SERIES (TOPOGRAPHIC)
SE/4 DURHAM NORTH 15' QUADRANGLE
Project #: Scale:
7ss8 1"=2000 Figure 1- USGS Quad
Soil & Environmental Consultants, 'PA
Project Date:
Mgr.: TP 12112102 Map S 11010 Raven Ridge Rd.- Raleigh, NC 27614
Panther Creek [phone]•[phone]
R.L. Horvath Assoc. Web Page: www.SandEC.com
Durham, N.C.