20050041 Ver 1_Approval_20050105

O?O? W A T ?,pG

Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
January 11, 2005
Rhein Interests
4000 West Chase Blvd., Suite 310
Raleigh, NC 27607
Alan W. Klimek, P.E. Director
Division of Water Quality
DWQ EXP# 05-0041
Durham County
Page 1 of 2
Subject Property: Brightleaf
UT to Lick Creek *303(d) list [03-04-01, 27-11, WS-N, NSW CA]
On-Site Determination for Applicability to the Neuse River Riparian Area Protection Rules
(15A NCAC 2B.0233)-EXPRESS REVIEW PROGRAM
Dear Sir or Madam:
On January 7, 2005, at your request I conducted an on-site determination to review one feature
located on the subject property for applicability to the Neuse Buffer Rules (15A NCAC 2B
.0233). The feature is labeled as "#17" on the attached maps initialed by me on January 11,
2005.
The Division of Water Quality (DWQ) has determined that the feature labeled as 11#17" on
the attached maps is subject to the Neuse Buffer Rule, this feature has been delineated and
flagged in the field and the origin is identified as flag #117 (start buffer). This stream and
its associated buffers should be identified on any future plans for this property. The owner (or
future owners) should notify the DWQ (and other relevant agencies) of this decisiop in any
future correspondences concerning this property. 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 or Delegated
Local Authority 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 John Domey, DWQ Wetlands/401 Unit, 2321 Crabtree Blvd.,
Raleigh, NC 27604-2260. Individuals that dispute a determination by the DWQ or Delegated
Local Authority that "exempts" a surface water from the buffer rule may ask for an adjudicatory
hearing. 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. 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, N.C. 27699-6714. This determination is final and binding unless you
ask for a hearing within 60 days.
401 Wetlands Certification Unit
1650 Mail Service Center, Raleigh, North Carolina 27699.1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone]/ FAX [phone]/ Internet: htto://h2o.enr.state.nc.us/ncwetlands
NO e
iCarolina
Naturally
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
Rhein Interests
Page 2 of 2
1/11/05
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 additional questions or require additional information
please call Deborah Edwards at [phone].
Sincerely,
Alan W. Klimek, P.E.
AWK/dae
Attachments: Durham County Soil Survey map
USGS Southeast Durham Quad map
Sketch map
cc: DWQ Raleigh Regional Office
File Copy
Central Files
Todd Preuninger-S&EC
Filename 050041Brightleaf(Durham)EXP+origin