20071315 Ver 1_Buffer Determination_20090311

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
March 11, 2009
DWQ Project # 2007 -1315
Durham County
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Kevin Martin
Soil & Environmental Consultants, PA
11010 Raven Ridge Road
Raleigh, NC 27614
Subject Property: Brightleaf Commons Subdivision
Hwy 70, Durham County
Neuse Riparian Buffer Applicability Appeal
Dear Mr. Martin:
On February 11, 2009, Coleen Sullins and Danny Smith of Division of Water Quality (DWQ) met with
yourself and Bob Zarzecki of Soil & Environmental Consultants at the subject Brightleaf Commons project.
This site visit was in response to your appeal request of an on-site determination for the applicability of the
Neuse Riparian Area Protection Rules (15A NCAC 02B .0233). The stream feature in question is
identified on the attached maps as DWQ Project #: 2007-1315.
The Director's decision regarding the appeal request for the stream was as follows:
1) The feature, depicted on the attached map labeled "Stream feature A" is a stream and is subject to
the Neuse Riparian Buffer Rule.
2) If this property meets all of the hardships outlined in 15A NCAC 2B.0233(9) of the Neuse Buffer
Rule, then a variance for this project could be supportable to the Environmental Management
Commission (EMC) by DWQ. Please be sure to include documentation in your client's variance
application package that supports the hardship requirements outlined in 15A NCAC
2B.0233(9)(a) (finding of fact).
3) If a major variance is approved by the EMC, the DWQ will not require mitigation for intermittent
stream impacts to "Stream Feature A"; however, riparian buffer and wetland mitigation may be
required as appropriate.
Individuals that dispute an appeal determination by the DWQ or Delegated Local Authority that a surface
water exists and that it is subject to the buffer rule may ask for an adjudicatory hearing. You must act
within 60 days of the date that your receive this letter. Applicants are hereby notified that the
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699.1650
Location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone]
Internet: http:llh2o.enr.state.nc.us/ncwetlands/
NorthCarofina
;Vatura!!y
An Equal Opportunity 1 Affirmative Action Employer
Kevin Martin
Page 2 of 2
March 11, 2009
60-day statutory appeal time does not start until the affected party (including downstream and adjacent
landowners) is notified of this decision. DWQ recommends that the applicant conduct this notification in
order to be certain that third party appeals are made in a timely manner. To ask for a hearing, send a written
petition, which conforms to Chapter 150B of the North Carolina General Statutes to the Office of
Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714. This determination is final
and binding unless you ask for a hearing within 60 days of receipt.
This letter only address the applicability to the Neuse Buffer Rule and does not approve any activity within
the protected riparian buffers. Nor does this letter approve any activities within waters of the United States
or waters of the State.
Thank you for your attention to this matter. If you have any questions or required additional information
please call Danny Smith at [phone] or Cyndi Karoly at [phone].
Si cerely ,
` Y
Coleen H. Sullins
cc: Cyndi Karoly - Wetlands/401 Oversight
Amy Chapman - Wetlands/401 Oversight
Martin Richmond - RRO File Copy
Matt Matthews, DWQ Wetlands and Stormwater Branch
File Copy
Filename: 071315 BrightleafSDAppeal3 (Durham)DET_Appeal

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1. Article Addressed to:
Kevin Martin
S&CC
11010 Raven Ridge Rd
Raleigh NC 27614
DWQ 07-1315 Durham County
2. Article Number
(Aansfer from service /abeq
PS Form 3811, February 2004
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NC DENR Division of Water Quality
401 Oversight/Express Unit
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Raleigh, NC 27604