20030737 Ver 1_COMPLETE FILE_20030513

Brown Jurk:owski
Architectural Collaborative
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August 21, 2003
CONFERENCE MEMORANDUM
Project: BioQuest II
North Carolina Museum of Life and Science
Durham, North Carolina
Date: August 7, 2003
Location: N.C. Division of Water Quality
Raleigh, North Carolina
Attendees: NCDENR Divisior
John Dorney
Bob Zarzecki
North Carolina Muse
Roy Griffiths
Brown Jurkowski Arch
Jennifer Amster
S&EC
Kevin Martin
Todd Preuninger
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The purpose of the meeting was to discuss process for obtaining a variance from the DWQ to allow tree demolition in a
buffer.
1. The current design for the Lemur exhibit would require removal of four trees in the Buffer. DWQ confirmed that
a variance would be required to remove these trees. Fencing is allowed in the buffer, as is removal of exotic
plants.
2. The variance application would be reviewed by DWQ staff, which would work with the design team to confirm
details of the project. They would then make a recommendation to the State Environmental Management
Commission (EMC). The EMC has ultimate authority to grant the variance and may do so even without DWQ
support.
3. Review Process: A draft variance request package is sent to DWQ for review. DWQ and Owner/Design Team
meet to discuss. DWQ's preliminary findings are attached to a formal application, which must be submitted
two-three weeks prior to EMC meeting. The EMC meets monthly; upcoming meeting dates are October 8, no
meeting in November, and December 10.
81 1 West Hargett Street • Raleigh, North Carolina 27603 • Voice 919.833.8818 • Fax [phone] www.bjac.com

Conference Memorandum
Museum of Life and Science
Bioquest II
August 7, 2003
4. EMC usually requires demonstration of "trade-offs" in other portions of the project to mitigate the demolition
allowed by the variance.
5. Once the variance request is made, a variety of issues concerning the Lemur exhibit may be evaluated. DWQ
pointed out potential water quality concern about animal waste in the stream. A variance may be contingent on
piping and collecting sanitary sewer waste before it can reach the stream.
6. S&EC confirmed that they have reviewed the project proposed site plan and do not see any work that would
impact the water quality buffers.
7. In the area to the east of the Lemur exhibit, DWQ confirmed that minor grading for slope stabilization adjacent
to the existing service road is acceptable. However, the existing storm drainage pipe may not be extended.
8. DWQ confirmed that upgrading the existing 24" RCP between the Wetland and the area south is acceptable.
9. As part of the variance request, the Museum would have to demonstrate why the proposed Lemur habitat is
the only viable location on the project site. Factors that may be addressed are:
o Accessibility
o Tree save
o Size and Configuration of enclosure for practical viewing
o Animal care requirements
o Types of vegetation
10. DWQ recommended that the civil engineer confirm that the appropriate wetlands delineation is being used in
the project site plan. DWQ questioned the configuration of the stream in the Lemur area.
11. The variance application should list measures to improve water quality that are already included in the project
(i.e. Wetlands reclamation, Bio-retention, removal of existing impervious surface from buffers, or storm water
treatment) and demonstrate that the area of mitigation is greater than the proposed area of disturbance.
12. The existing wetland is an example of storm water treatment prior to entering watershed.
13. S&EC will provide the Museum examples of variance applications that have been particularly effective.
These minutes were prepared to record the information covered at this meeting. Should anyone attending disagree with
statements or interpretations contained herein, please advise us within seven days after receipt, or the minutes stand as
written.
Sincerely,
Brown Jurkowski Architectural Collaborative, p.a.
Jennifer Amster, AIA
Associate
JRA1ja
cc: Attendees
Terry Boylan, Stewart Engineering
Marsha Lea, EDAW
Laura Kulkehan, Bassett Associates
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Michael r'. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
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North Carolina Museum of Life and
Durham County
DWQ # RRO 02-064
S&EC Project # 02-6888
Alan W. Klimek, P.E., Director
Division of Water Quality
May 30, 2003
0807,9 ?
of Neuse River buffer rules

Based on your request of May 13, 2003 for an appeal of the applicability of the Neuse River buffer rules to the
proposed expansion site for the North Carolina Museum of Life and Science, on May 29, 2003 1 accompanied Sean Clark
from your office to visit this site. The two determinations in question were 1) whether the quarry pond is subject to the
Neuse River buffer rules and 2) whether feature "F" is subject to the buffer rules. Ms. Deborah Edwards of DWQ's
Raleigh Regional Off, ice had determined that these features were subject to the Neuse River buffer rules in her letter of
December 19, 2002.
Based on my site visit, DWQ has determined that the quarry pond is not subject to the Neuse River buffer rules
since it does not appear on either the USGS 1:24,000 topographic map nor the Durham County soil survey. I suspect the
problem is that the quarry pond appears to be present on black and white photocopies of the USGS map; however, the
color version of the map reveals that this apparent pond is in reality an elevation contour. I would recommend in the
future that you provide DWQ staff colored copies of the USGS maps to avoid this confusion. In addition, it appears that
the quarry pond is largely a jurisdictional wetland and that a Section 404 Permit and 401 Certification would be needed for
any fill of this area. In addition, the Environmental Management Commission's wetland standards would protect the area
from drainage.
With respect to feature "F", Ms. Edwards' letter states that the stream begins at flag # 145. Mr. Clark and I were
unable to locate this flag. However based on a continuous bed and bank, lack of fibrous roots and stream bed substrate
being different from the surrounding terrain, DWQ has determined that a stream subject to the Neuse River buffer rules is
present from the flagged location (at a 55 gallon drum and two sweet gums about 100 feet upstream of the quarry pond)
upstream to at least the property boundary of the Museum. Mr. Clark put copious amounts of flagging at this location. I
suggest that the location be surveyed or GPS'ed so it can be readily found in the future.
This completes action by the DWQ as to the applicability of the Neuse River buffer rules on this property. If
you disagree with this determination, you have the right to an adjudicatory hearing upon written request within sixty
(60) days following receipt of this decision. This request must be in the form of a written petition conforming to
Chapter 150B of the North Carolina General Statutes and filed with the Office of Administrative Hearings, P.O. Box
27447, Raleigh, N.C. 27611-7447. Unless such demands are made, this decision shall be final and binding.
Please call me at 919-733-9646 if you have any questions.
CC:
Deborah Edwards, DWQ Raleigh
File copy
Central files
Sean Clark, Soil and Environmental Consultants
N. C. 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)
[phone] (phone), 919-733-6893 (fax), (http://h2o.enr.state.nc.us/ncwetlands

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Soil & Environmental Consultants, PA
11010 Raven Ridge Road • Raleigh, North Carolina 27614 • Phone: [phone] • Fax: [phone]
www.SandEC.com
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Drawings
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[- Correspondence
? As per your request
No. Copies Document No.
Under Separate Cover:
? By mail
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If enclosures are not as listed as above, kindly notify us at once.
By:
Charlotte Office: Greensboro Office: Hickory Office:
236 LePhillip Court, Suite C 3817-E Lawndale Drive 710 Boston Road
Concord, NC 28025 Greensboro, NC 27455 Taylorsville, NC 28681
Phone: [phone] Phone: [phone] Phone [phone]
Environmental Consultants, PA
Road • Raleigh, North Carolina 27614 • Phone: [phone] • Fax: [phone]
May 13, 200:3
WETLANDS/401 GRDUF

NCDENR-DWQ
Attn: Mr. John Dorney MAY 13 2003
2321 Crabtree Blvd
Parkview Building ??TER
QUALIPYSED

Raleigh, NC 27604 TIoN
CV 1Y
RE: Buffer Appeal
North Carolina Museum of Life and Science - DWQ#:02-264
Durham, Durham County, North Carolina
S&EC Project #: 02-6888
Dear Mr. Dorney:
On September 3, 2002, S&EC conducted a site visit with Ms. Debbie Edwards at
the NC - Museum of Life and Science to verify the Neuse Buffer Start Points. Upon
further investigation, we do not believe that Feature F (see attached maps) should be
subject to the riparian buffers rules due to the lack of a distinct bed and bank and the
presence of fibrous roots within the drainage. We would like to request that an additional
site visit be conducted in order to determine whether this feature should be subject to the
buffer rules. Additionally, as indicated on the attached soil survey map, no surface
waters are depicted within the central portion of the site (borrow pit). Therefore, we do
not believe that the buffer rules are applicable to the existing pond/marsh now located in
the borrow pit. Please review the attached maps and call to schedule a site meeting or if
you require additional information. My number is 919-846-5900.
Sincerely,
Soil & Environmental Consultants, PA
0
Todd Preuninger
Biologist/Project Manager
Charlotte Office: Greensboro Office: Hickory Office:
236 LePhillip Court, Suite C 3817-E Lawndale Drive 622 Coon Mountain Lane
Concord, NC 28025 Greensboro, NC 27455 Taylorsville, NC 28681
Phone: [phone] Phone: [phone] Phone [phone]
Fax: [phone] Fax: [phone] Fax: [phone]

State of North Carolina
Department of Environment
and Natural Resources
Raleigh Regional Office
Michael F. Easley, Governor
William G. (Bill) Ross, Secretary
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NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
Division of Water Quality WETLANDS
December 19, 2002 1401 G170
Todd Preuninger 44AY 13 2005
Soil & Environmental Consultants, Inc. YVATERQUAL'?Scc
11010 Raven Ridge Road `'1 ??TION
Raleigh, NC 27614
Subject: Neuse River Basin Buffer Rules
NBRRO 02-264
NC Museum of Life and Science
S&EC #02-6888
Durham, Durham County, NC
Dear Mr. Preuninger:
This letter will serve as confirmation of the buffer determination made by S&EC at the subject
property referenced by the Raleigh Regional Office as NBRRO 02-264.
On September 3, 2002, I conducted a site visit of features A, B, C, D, E, F and G involved in the
above referenced project as identified on the attached figures 1 and 2. It was determined that the features
shown on the Durham County Soil Survey, but absent on the USGS Northwest Durham, NC Quad map
could potentially be subject to protection under the Neuse River Basin: Nutrient Sensitive Waters
Management Strategy; Protection and Maintenance of Existing Riparian Areas, Administrative Code T15A:
02B.0233 (NCAC .0233). Feature A is subject throughout property. Feature B is subject and starts at flag
100. Feature C is not subject. Feature D is subject from flag 102 (culvert) to the confluence of feature
E. Feature E is subject from flag 223 to the confluence of feature A (on and off property). Feature F is
subject and starts at flag 145, including pond. Feature G is not subject.
This letter only addresses the applicability of the Neuse Buffer Rules. For information relevant
to wetlands and other impacts, please contact the Central Office at 733-1786. Thank you for your attention
to this matter and if this office can be of any assistance or if you have additional questions, please do not
hesitate to contact us.
Sincerely,
Deborah Edwards
Environmental Specialist I
cc: John Dorney/DWQ
Wake County
1628 Mail Service Center, Raleigh, NC 27699-1628 Telephone [phone] FAX [phone]
An Equal Opportunity Affirmative Action Employer 50% recycled/10% post-consumer paper
Project #: Scale:
02-0888 V = 2000'
Project Date: Figure 1- USGS Quad Soil & Environmental Consultants, PA
Mgr.: TP X7102 NC Museum of Life and r" 11010 Raven Ridge Rd. - Raleigh, NC 27614
Science [phone] • [phone]
BJAC
Web Page:
Durham, Durham County, NC www.SandEC.com
02-6888 1" =1320'
Project Date: Figure 2 - Soil Survey
Mgr.: TP 317102 NC Museum of Life and
Science
BJAC
Durham, Durham County, NC
Soil & Environmental Consultants, PA
11010 Raven Ridge Rd.- Raleigh, NC 27614
[phone] • [phone]
Web Page: www.SandEC.com
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