20071315 Ver 1_Staff Comments_20090303

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NCDENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
Division of Water Quality
Coleen H. Sullins
Director
March 3, 2009
CERTIRIED MAIL
RETURN RECEIPT REQUESTED
Kevin Martin
Soil & Environmental Consultants, PA
11010 Raven Ridge Road
Raleigh, NC 27614
Dear Mr. Martin:
Subject: Brightleaf Commo s Subdivision
Riparian Buffer Ap licability Apl
DWQ Project # 200 X13 5
Hwy 70
Durham County
Dee Freeman
Secretary

On February 11, 2009, Coleen Sullins and Danny Smith of Division o ater Quality met with yourself
and Bob Zarzecki of Soil & Environmental Consultants at the subjec rightleaf Commons project. This
site visit was in response to your appeal request of an on-site det ination for the applicability of the
Neuse Riparian Area Protection Rules (15A NCAC 02B .023 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 th/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) In this instance a variance is supportable by DWQ.
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
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 60days of receipt.
North Carolina Division of Water Quality
Internet: www.ncwaterquality.org
NorthCarolina
NUAM Iff
Raleigh Regional Office Surface Water Protection Phone [phone] Customer Service
1628 Mail Service Center Raleigh, NC 27699-1628 FAX [phone]
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
This letter only address the applicability to the buffer rule and does not approve any activity within the
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].
Sincerely ,
Danny Smith, Supervisor
Raleigh Regional Office
Surface Water Protection Section
Cc: Cyndi Karoly - Wetlands/401 Oversight
Amy Chapman - Wetlands/401 Oversight
Martin Richman - RRO File Copy