20070009 Ver 1_Buffer Determination_20070214

O~O~ W A T FRQG
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O "C"
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
February 14, 2007
Mr. Rick Grote
1426 Wall Road
Wake Forest, NC 27587
Subject Properly:
Southview Road Site Modification
Alan W. Klimek, P.E. Director
Division of Water Quality
DWQ EXP# 07-0009
Durham County
On-Site Determination for Applicability to the Neuse Riparian Area Protection Rules (ISA NCAC 2B
.0233) MODIFICATION-EXPRESS REVIEW PROGRAM
Mr. Jay Keller brought to my attention a mistake that occurred during the stream determination conducted on
January 9, 2007 at the Southview Road Site. On February 8, 2007, Jay Keller and Lia Myott revisited the site to
correct the oversight. The Division of Water Quality (DWQ) has determined that the following:
Feature "D" is an intermittent and is therefore subject to the Neuse Buffer Rule. Stream "D" is intermittent
from the flag labeled "DA1" (N 35° 59.033', W 78° 45.196') to the flag labeled "DA2" (N 35° 58.999',
W 78° 45.241') below a buffered pond where the intermittent stream ends. The intermittent stream begins
again at the flag labeled "D1" (N 35° 58.965', W 78° 45.297') and continues as an intermittent stream to
the confluence with UT Lick Creek.
Feature "F" is an intermittent/perennial stream and is therefore subject to the Neuse Buffer Rule from the
flag labeled "F1" (N 35° 59.105', W 78° 45.378'). The feature transitions to a perennial stream at the flag
labeled "F2" (N 35° 59.067', W 78° 45.405').
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 of the stream features listed above and does not
approve any activity within the buffers or address features that were not observed during the site visit. 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 at 919.733.9502.
Sinc y,
Alan W. Klimek, P.E.
AWK/cbk/lem
Attachments: NRCS Soil Survey Map, USGS Topo Quad Map
401 Oversight /Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Cazolina 27699-1650
2321 Crabtree Boulevazd, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone] / Internet: http://h2o.enr.state.naus/newetlvrds
Noe Carolina
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Southview Road Site
Page 2 of 2
February 14, 2007
cc: Jay Keller, 7921 Haymarket Lane, Raleigh, NC 27615
File Copy
Central Files

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