20140325 Ver 1_Stream Call Letter_20140415

4V
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
April 15, 2014
CERTIFIED MAIL RECEIPT
7013 3020 0000 7632 0727
Christopher J. Burkhardt
Froehling & Robertson, Inc.
310 Hubert Street
Raleigh, NC 27603 -2302
Subject Property: Proposed Lower Walnut Creek Interceptor Project
UTs to Walnut Creek
John E. Skvarla, III
Secretary
0072 5
DWR Project 9 2014 -02-e
Wake County
On -Site Determination for Applicability to the Neuse River Riparian Area Protection Rules (I 5A NCAC 2B
.0233)
Dear Mr. Burkhardt:
On April 10, 2014, at your request, Eric Kulz of the Division of Water Resources (DWR) conducted an on-
site determination to review two features located within the project study area for applicability to the Neuse
Buffer Rules (15A NCAC 2B .0233). The features are labeled as "B (1,0001) and E (4,0001)" on the attached
maps initialed by Mr. Kulz on April 15, 2014. DWR Staff from the Raleigh Regional Office had previously
conducted an on -site determination of this feature. In your letter to the Director dated March 28, 2014, you
requested an appeal of their determination as provided within 15A NCAC 02B .0233 (3) (a).
Mr. Kulz conducted an appeal of the original DWR determinations as stated above. During his review, Mr.
Kulz evaluated stream B (1,0001) using the DWR Stream Classification Form. Mr. Kulz evaluated the
portion of the feature located north of and upstream of the sanitary sewer easement. Feature B (1,000I) was
evaluated to have a score of 18 on the DWR form, when scoring for base flow (it had rained the previous
night). The form states that if the score is "greater than or equal to 19 points the stream is at least
intermittent ". The form is attached to this letter.
The DWR has determined that the feature labeled as "B (1,000I)" on the attached maps is at least an
"intermittent" stream and is subject to the Neuse Buffer Rule beginning at the start of the channel
south and downstream of the sanitary sewer easement. This feature is not subject to the north and
upstream of the easement. The channel is not present within the cleared easement.
401 and Buffer Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699 -1650
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604
Phone: 919 - 807 -6300 \ FAX: 919 - 807 -6494
Internet: www.ncwaterquality.org
An Equal Opportunity \ Aff mative Action Employer — Made in part by recycled paper
I

Mr. Burkhardt
Wake County
Page 2 of 3
Mr. Kulz then reviewed stream E (4,000i). The feature shown on the maps on the west (upstream) side of
Teabrook Drive is not present as a surface water feature, and appeared to have been piped when the
subdivision was constructed. A very shallow ephemeral, grassed swale empties into a drop inlet on the west
side of Teabrook Court. This feature emerges as a perennial stream from a culvert on the east side of
Teabrook Court.
The DWR has determined that the feature labeled as "E (4,0001)" on the attached -maps is at least an
"intermittent" stream and is subject to the Neuse Buffer Rule beginning at the culvert outlet on the
east, downstream side of Teabrook Court. There is no surface water feature immediately to the west
and upstream of Teabrook Court.
This determination shall replace the determination originally performed by the Raleigh Regional:
Office and shall expire five years from the date of this letter.
You can contest the Director's decision as provided in Articles 3 and 4 of G.S. 150B. To- contest the
Director's decision you must file a petition for an administrative hearing. You may obtain the- petition form_
from the office of Administrative hearings. You must file the petition with the office of Administrative
Hearings within sixty (60) days of receipt of this notice. 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 8:00am and 5:00pm, except for official state
holidays. The original and one (1) copy of the petition must be filed with the Office of Administrative
Hearings.
The petition may be faxed- provided the original and one copy of the document is received by the Office of
Administrative Hearings within five (5) business days following the faxed transmission.
The mailing address for the Office of Administrative Hearings is:
Mailing address for the OAH:
If sending via U.S. Postal Service: If sending via delivery service (UPS, FedEx, etc.)
Office of Administrative Hearings Office of Administrative Hearings
6714 Mail Service Center 1711 New Hope Church Road
Raleigh, NC 27699 -6714 Raleigh, NC 27609 -6285
One (1) copy of the petition must also be served to DENR
Lacy Presnell, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699 -1601

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or on the front if space permits
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• Sendef.014ade print your name, address, and ZIP+4 in this box •
NCDENR - DWR - - —`
WETLANDS BRANCH
401 & BUFFER PERMITTING UNIT
1650 MAIL SERVICE CENTER
RALEIGH NC 27699-1650
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SINCE FROEFILING & ROBERTSON, INC.
Engineering Stability Since 1881
a 310 Hubert Street
Raleigh, North Carolina 27603 -2302
T 919.828.34411 F 919.828.5751
NC License #F -0266
1581
March 28, 2014
The Director c/o Karen Higgins
Division of Water Resources
401 & Buffer Permitting Unit
1650 Mail Service Center
Raleigh; NC 2769971650
Re: Surface .Water Determination Appeal
Proposed Lower .Walnut Creek Interceptor
Raleigh, Wake County, North.Caro.lina
NBRRO NO. 13-165..
F &R Project No. 66P -0127
Property - Description:
Size (acres): 16,000 linear feet Nearest Town: Raleigh, NC
Nearest Waterway: Walnut Creek.. River Basin: Neuse
USGS HUC: fl3020201.-..- Coordinates: Lat35.75273 /Long - 78.54364
Location: Along existing sewer easement south of Poole Road and
predominantly west of the Neuse River. Running between a
point west of Barwell Road west to Walnut Creek Softball
Complex in Raleigh, Wake County NC.
Ms. Higgins:
Froehling & Robertson, Inc., (F &R) received the attached Surface Water Determination Letter
Dated July 25th, 2013 that summarized the Stream Determinations made on the above project.
The project consists of installing a parallel sewer line within an existing maintained sewer
easement. Two of the streams (( B (3,0001) and E (4,0001)) were listed as being present throughout
the site. However, upon further investigation new information has come to bear that indicates
these streams are not actually present across the entire project site.
During the initial determination it was thought that a culvert located near stream 1,000 at the
southern edge of the easement ran under the existing sewer line and was connected to the
ephemeral channel north of the easement. The origin point was determined to be on the north
side of the easement where it was thought the intake for the culvert was located and presumably
to protect aquatic life passage. It has now been determined that the culvert is not oriented in the
direction of ephemeral channel but is several degrees off to the east. The northern end of the
culvert was not able to be located and it is presumed to be buried under the soil east of the
ephemeral channel. Therefore there is no aquatic life passage connecting stream 1,000 south of
Corporate HQ: 3015 Dumbarton Road Richmond, Virginia 23228 T 804.264.2701 F 804.264.1202 www.fandr.com
VIRGINIA • NORTH CAROLINA • SOUTH CAROLINA • MARYLAND • DISTRICT OF COLUMBIA
A Minority -Owned Business

facR
the easement to the ephemeral channel north of the easement. The USACE has determined that
the stream becomes important at the southern edge of the easement. We believe that since there
is no ordinary high water mark through the easement and no culvert connection under the
easement that the stream origin point should be located at the southern edge of the easement. -
There is a culvert under the road at stream 4,000; however, the culvert is .connected. to a
stormwater drop inlet. It is presumed that the stream origin point was placed on the inlet end of
the culvert to protect aquatic life passage; .however, there is no passage available since this is a
stormwater .drop inlet. The USACE has determined that the stream becomes- important at, the
outlet end of the culvert and we agree.
Due to the new information received concerning these two streams not having.an -upstream
connection on the intake side of their culverts and since there are in an existing easement with no
new buffer impacts we would like to appeal their stream origin points. I have attached the Surface
Water Determination Letter as well as maps of the stream locations. Please let me, knowwhatthe
next step is and what additional information or supporting documentation you would like.
Thank you for your time.
Christopher J. Burkhardt
Senior environmental Professional
Lower Walnut Creek Interceptor F &R Project No. P66 -0127
Surface Water Determination Appeal 2 March 28, 2014

NCD'ENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat lAcCroy Thomas A. Reeder
Governor Acting Director
July 25, 2013
Chris Burkhardt
FROEHLING & ROBERTSON, INC.
310 Hubert Street
Raleigh, NC 27603
John E. Skvarla, III
Secretary
Subject: Surface Water Determination Letter
NBRRO# 13 =165
Wake County
Determination Type
Buffer Call
Isolated or Call
IS) Neuse (15A NCAC 2B 0233)
Start@
Stop@
❑ Ephemeral /Intermittent/Perennial Determination
❑ Tar-Pamlico 05A NCAC 2B 0259)
❑ Isolated Wetland Determination
❑ Jordan 05A NCAC 2B 0267)
X
Project Name* Lower Walnut Creek Sewer Interceptor — City of Raleigh
Location/Directions: Proposed sewer line within existing 100' sewer easement running from
the Walnut Creek Softball Complex east to a point west of Barwell Road
(approximately 3 miles). F &R's assessment included 50' beyond each
side of easement,
Subject Stream: —Walnut Creek
Determination Date: July 25, 2013 'Staff: Cheng Zhang, Tom Ascenzo
Feature
E /UP*
Not Subject
Subject
Start@
Stop@
Soil
Survey
USGS
To o
A
E
X
throughout
X
B (1,0001
1
X
throughout
X
C (2,000E)
E
X
throughout
X
D(3,000P)
P
X
throughout
X
X
E(4,000I)
I
X
throughout
X
X
F(5,000P)
P
X
throughout
X
G(6,000E)
I
X
DWQ flag
(Int. start)
X
H(7,000P)
P
X
throua out
X
X o
e
Carolina
Natura!!r,
North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection Phone [phone] Customer Service
Internet www ncwaterquality Org 1628 Mail Service Center Raleigh, NC 27699 -1628 FAX [phone]
An Equal OpportunitylAffirmaUve Acton Employer - 50% Recycled/10% Post Consumer Paper

Lower Walnut Creek Sewer Interceptor
City of Raleigh
Wake County
July 25, 2013
Page 2 of 2
Feature E /UP* Not Subject
Subject
Start@
Stop@ Soil USGS
1(8,0001 I
X
throu bout
Surve To 0
X
J(9,0001) I
X
DWQ flag
}{
(1nt. start)
K E X
throu hout
X
L E X
throughout
X
M(10,000p) P
X.
throu hour
X X
N(i 1,000P) P
*E11
X
throu hour
X X
1P = Ephemeral /Intermittent/Perennial
Explanation: The feature(s) listed above has or have been located on the Soil Survey of Wake 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 the
Director. An appeal request must be made within sixty (00) 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 fora 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.
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)- 807 -6300, and the US Army Corp of Engineers (Raleigh
Regulatory Field Office) at (919) - 5544884.
If you have questions regarding this determination, please feel free to contact Cheng Zhang at (919) 791 -4200.
Respe fully,
/isor
Danny Smith
Regional Supe
cc: RRO /SWP File Copy

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