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HomeMy WebLinkAboutMcDaniel Farm11 4 ;W NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild PE Dee Freeman Governor Director Secretary August 8, 2012 Ruth McDaniel 277 Benny Ross Road Durham, Nc 27703 NBRRO# 12 -156 Durham County Determination Type: Buffer Call Isolated or EIP Call ® Neuse (15A NCAC 26 .0233) Stop@ El Tar-Pamlico (1 5A NCAC 26 .0259) ❑ Ephemeral /Intermittent/Perennial Determination ❑ Isolated Wetland Determination ❑ Jordan (15A NCAC 213.0267) Project Name: McDaniel Farm Location/Directions: East of the intersection of Benny Ross Road and Baptist Road in Durham Subject Stream: UT to Falls Lake Date of Determination: 6/25/2012 Feature Not Subject Start* Stop@ Soil USGS Subject Survey Topo A l X Start A 1— headcut Stop A 1— rock outcropX A2 X Start A2 X B X Start B X C X X *EIIIJ Ephemeral /Interm ittent/Perennral Explanation: The feature(s) listed above has or have been located on the Soil Survey of Durham, County, North Carolina or the most recent copy of the USGS Topographic map at a 1:24,000 scale. Each feature that is checked "Not Subject" has been determined not to be a stream or is not present on the property. Features that are checked "Subject" have been located on the property and possess characteristics that qualify it to be a stream. There may be other streams located on your property that do not show up on the maps referenced above but, still may be considered jurisdictional according to the US Army Corps of Engineers and/or to the Division of Water Quality. 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 may request a determination by ft, N�r4IIE! olina North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection Phone (919) 791 -4200 Customer Service Intemet: www.ncwaterquality.org 1628 Mail Service Center Raleigh, NC 27699 -1628 FAX (919) 571 -4718 1- 877 - 623 -6748 An Equal Opportunity/Affirmative Acton Employer— 50% Recycled /10% Post Consumer Paper Durham County Page 2 of 2 Director. An appeal request must be made within sixty (60) days of date of this letter or from the date the affected party (including downstream and /or adjacent owners) is notified of this letter. A request for a determination by the Director shall be referred to the Director in writing c/o Karen Higgins, DWQ WeBSCaPe Unit, 1650 Mail Service Center, Raleigh, NC 27699. If you dispute the Director's determination you may file a petition for an administrative hearing. You must file the petition with the Office of Administrative Hearings within sixty (60) days of the receipt of this notice of decision. A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours. The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8:00 am and 5:00 pm, except for official state holidays. To request a hearing, send the original and one (1) copy of the petition to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699 -6714. The petition may also be faxed to the attention of the Office of Administrative Hearings at (919) 733 -3478, provided the original and one (1) copy of the document is received by the Office of Administrative Hearings within rive (5) days following the date of the fax transmission. A copy of the petition must also be served to the Department of Natural Resources, General Counsel, 1601 Mail Service Center, Raleigh, NC 27699 -1601. This determination is final and binding unless, as detailed above, you ask for a hearing or appeal within sixty (60) days. The owner /future owners should notify the Division of Water Quality (including any other Local, State, and Federal Agencies) of this decision concerning any future correspondences regarding the subject property (stated above). This project may require a Section 404/401 Permit for the proposed activity. Any inquiries should be directed to the Division of Water Quality (Central Office) at (919)- 733 -1786, and the US Army Corp of Engineers (Raleigh Regulatory Field Office) at (919)- 554 -4884. Respectfully, Lauren Witherspoon Environmental Senior Specialist cc: WeBSCaPe — 1650 Mail Service Center RRO /SWP File Copy Eddie Culberson — Durham Soil and Water, 721 Foster Street, Durham, NC 27701 Jessica Kemp — NCEEP, 1652 Mail Service Center, Raleigh, NC 27699 -1652 0 0 1 O 03020201050020 0 n 98 0 OD Project Location Y YS e� G� E NII \ e Figure 1. Project Vicinity Map McDaniel Site - Durham County, NC Drw..t+.+Wale f6 ,f.NllMO (glfbalb. WIfQ 0 1,250 2,500 5,000 Feet I '1 z! " ���•iL .'fir a `1 t/ { 1 emu' 1 ��S 1 � ba/�T i I ,tip vl -DM,D� g5uUo C jf� Z M 0 i Nil ,I rm .A lift, NC Division of Water Quality - Methodology for Identification of Intermittent and Perennial Streams and Their Origins v. 4.11 NC DWn Stream identification Form Vercinn 4.11 Date: 'Z ti Z Project/Site: At Latitude: Evaluator: 0 County: NA Longitude: Total Points: r-� Stream Determination (circle one) Other Stream is at least intermittent if ? 19 or perennial if >_ 30' Ephemeral Intermittent Perennial e.g. Quad Name: A. Geomorphology (Subtotal = , ' ) Absent Weak Moderate Stron 1a. Continuity of channel bed and bank 0 1 2 3 2. Sinuosity of channel along thalweg 0 1 2 0 3. In- channel structure: ex. riffle -pool, step -pool, ripple-pool sequence 0 .5 2 3 4. Particle size of stream substrate 0 1 2 3 5. Active /relict floodplain 0 1 2 3 6. Depositional bars or benches 0 0.5 2 3 7. Recent alluvial deposits 0 1 2 3 8. Headcuts 0 1 2 3 9. Grade control 0 0.5 1 - 1.5 1.5 10. Natural valley 0 0.5 1 11. Second or greater order channel No= 0 Yes = 3 01 ul I Igl UIL,l ICJ 01 IIVr ICIMU, SCC Ur5UU5JIUrI5 I r I IIId IIUdI R Hvrirnlnnv (Suhtntal = �2. 12. Presence of Baseflow 0 1 2 3 13. Iron oxidizing bacteria 0 1 2 3 14. Leaf litter 1.5 1 0.5 0 15. Sediment on plants or debris 0 .5 1 1.5 16. Organic debris lines or piles 0 0.5 1 1.5 17. Soil -based evidence of high rater table? No = 0 Yes = 3 V. Ol Li Liti V 1 .�1111IrllP l= 1 I 18. Fibrous roots in streambed 2 1 0 19. Rooted upland plants in streambed 3 ) 2 1 0 20. Macrobenthos (note diversity and abundance) 1 2 3 21. Aquatic Mollusks 1 2 3 22. Fish 0.5 1 1.5 23. Crayfish 0.5 1 1.5 24. Amphibians 0.5 1 1.5 25. Algae 0.5 1 1.5 26. Wetland plants in streambed FACW = 0.75; OBL = 1.5 Other = 0 "perennial streams may also be identified using other methods. See p. 35 of manual. Notes: Sketch: 41