20191383 Ver 1_Appeal LETTER_20191010

ROY COOPER
Governor
MICHAEL S. REGAN
Secretory
LINDA CULPEPPER
Director
Leonardo and Jennifer Cruz
1624 Crystal Creek Drive
Durham, NC 27712
NORTH CAROLINA
Environmental Quality
October 10, 2019
DWR Project # 20191383
Durham County
Subject: On -Site Determination for Applicability to the Neuse River Riparian Area Protection
Rules Title 15A North Carolina Administrative Code (NCAC) 02B .0233
Location: 1624 Crystal Creek Drive, Durham, NC
Dear Mr. Cruz:
On August 20, 2019, the Division of Water Resources (DWR) received a request from you to appeal
an on -site determination made by the DWR Raleigh Regional Office, NBRRO# 19-198, as provided
in Title 15A NCAC 02B .0233. On September 17, 2019, Shelton Sullivan of DWR, conducted an on -
site determination to review the feature labeled as "Feature A", an unnamed tributary to Crooked
Creek, for applicability to the Neuse River Riparian Area Protection Rules 15A NCAC 02B .0233.
During the review, Mr. Sullivan evaluated "Feature A" using the DWR Stream Classification Form
and the results are below and photographs of these locations are attached.
Feature ID
Feature
* E/I/P/ Other
Subject
to Buffer
Start @
Stop @
Depicted on
Depicted on
Type
Rules
Soil Survey
USGS Topo
Al
Stream
Intermittent
Yes
Western
Just upstream of
Yes
No
Property Line
the foot bridge
Just upstream
A2
Stream
Perennial
Yes
of the foot
Eastern Property
Yes
No
bridge
Line
* E=Ephemeral; 1=Intermittent; P=Perennial
This determination for "Feature A" replaces the determination originally performed by the
DWR Raleigh Regional Office, for Feature A only as documented in their attached letter dated
June 24, 2019 and reference number NBRRO# 19-198. This determination shall expire five
years from the date of this letter.
This determination can be contested as provided in General Statute 150B by filing a written petition
for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH)
within sixty (60) calendar days.
A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the OAH
Clerk's Office at [phone] for information. A petition is considered filed when the original
DEQNorth
Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center 1 Raleigh, North Carolina 27699-1617

Neuse River Riparian Buffer/Stream Determination Appeal
DWR Project #20191383
Page 2 of 2
and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal
office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state
holidays).
The petition may be faxed to the OAH at [phone], provided the original and one copy of the
petition along with any applicable OAH filing fee is received by the OAH within five (5) business
days following the faxed transmission.
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:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter only addresses the applicability to the buffer rules to features on the subject property
and does not approve any activity within buffers or within waters of the state. If you have any
additional questions or require additional information, please call Shelton Sullivan with DWR at
[phone].
Sincerely,
Mac Haupt, Acting Supervisor
401 & Buffer Permitting Branch
Attachments: Photographs; Aerial Map; USGS Topo; NRCS Soil Survey; DWR Stream ID Forms;
Original Letter from DWR Raleigh Regional Office
cc: 401 & Buffer Permitting Branch files
Leonardo Cruz via email, IeocruzlC&gmail.com
Chen Zang, DWR RRO via email, cheng.zhangOncdenr.gov
Filename: 201913 83_C ruz_ 1624CrystalCreekDriveDurham_StreamAppeal.docx

Feature Al - Subject - Intermittent - Picture from footbridge facing west. 9-17-2019
Feature A2 - Subject - Perennial - Picture from eastern property facing west. 9-17-2019

Aerial with feature indicated
r � :
r4'
Ai -Subject
Perennial

ROY COOPER
Co;" ,,,,
MICHAEL S. REGAN
LINDA CULPEPPE_R
Leonardo and Jennifer Cruz
1624 Crystal Creek Drive
Durham, NC 27712
r�~STATF "�
Envurn, er:!u; �ualrty
June 24, 2019
Subject: Surface Water Determination Letter
NBRRO#19-198
Durham County
Determination Type:
Buffer Call Isolated or EIP Call
® Neuse (15A NCAC 2B .0233)
❑ Tar -Pamlico (15A NCAC 2B .0259) ❑ Ephemeral/Intermittent/Perennial Determination
El Isolated Wetland Determination
El Jordan (15A NCAC 2B .0267)
Project Name: 1624 Crystal Creek Drive
Locatiott/Directions: The projected area is at 1624 Crystal Creek Drive in Durham. Durham
County
Subject Stream: UT to Crooked Creek
Determination Date: 6/24/2019 Staff: Cheng Zhang
Stream
E/I/P*
Not Subject to
Buffers
Subject to
Buffers
StartC
StopC
Soil
SurveyT
US2GS
A
I
X
?i
—LNrr crrr e r llatrr9er fa Me'riflrerenniai
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 andlor to the Division of Water Resources
(DWR).
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 DWR or Delegated Local Authority may request a
determination by the Director. An appeal request must be made within sixty (60) days of date of this letter or
1� F7:111;� ,,

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 If sending via US
Postal Service c/o Karen Higgins DWR — 401 do Buffer Permitting Unit 1617 Mail Service Center Raleigh, NC
27699-1617. If sending via delivery service (UPS, FedEx, etc.) Karen Higgins DWR — 401 A Buffer Permitting
Unit, 512 N. Salisbury Street Raleigh, NC 27604
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 Resources (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 Resources (Central Office) at (919)-807-6300, and the US Army
Corp of Engineers (Raleigh Regulatory Field Office) at (919)-554-4884.
If you have questions regarding this determination, please feel free to contact Cheng Zhang at (919) 7914259.
Sincerely,
Karen Higgins, Supervisor
401 & Buffer Permitting Branc
cc: RRO DWR File Copy

1624 Crystal Creek Drive
Durham County, NC-DWR Project # 19-198
V
N RIDGE
ft&O* Iq dV qi? WIPOZOSI w
USGS Topographical Map
Northwest Durham Quadrangle 2016
,wA
Locations are approximate
Legend:
'and are provided for refer-
ence only::
-Project boundary

1624 Crystal Creek Drive
Durham County, NC-DWR Project # 19-198
■
J

NC DWQ Stream Identification Form Version 4.11
Date: q �' - '
Project/Site:
Latitude:
Evaluator:
,
County:
Longitude:
Total Points:
Stream is at least intermittent
Stream Deter
Ephemera
ation circle one)
rmittent erennial
Other
e.g. Quad Name:
if> 19 or perennial if> 30*
A. Geomorphology (Subtotal = J � )
Absent
Weak
Moderate
Strong
1 a. Continuity of channel bed and bank
0
1
2
2. Sinuosity of channel along thalweg
0
1
2
3
3. In -channel structure: ex. riffle -pool, step -pool,
ripple -pool sequence
��
L/
1
2
3
4. Particle size of stream substrate
0
1
2
5. Active/relict floodplain
0
Q9
2
3
6. Depositional bars or benches
1
2
3
7. Recent alluvial deposits
0
1
2
8. Headcuts
1
2
3
9. Grade control
0.5
1
1.5
10. Natural valley
0
0.5
Co 1
1.5
11. Second or greater order channel
o = 0
Yes = 3
a artificial ditches are not rated; see discussions in manual
B. Hydrology (Subtotal = o • j )
12. Presence of Baseflow
vQ
1
2
3
13. Iron oxidizing bacteria
0
1
2
3
14. Leaf litter
1
0.5
0
15. Sediment on plants or debris
0
1
1.5
16. Organic debris lines or piles
0
1
1.5
17. Soil -based evidence of high water table?
No =
Yes = 3
C. Biology (Subtotal = Co
18. Fibrous roots in streambed
2
1
0
19. Rooted upland plants in streambed
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
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 qfhef = 0
*perennial streams may also be identified using other methods. See p. 35 of manual.
Notes:
Sketch: Fmk r lkv,,,
dA.� �,�Ilk_
� ti
Cl��, s p�10
-" Co, (J t­�
&�! *--�Zi'. 'ice
�S �T
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(a, Sa ^TL
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,

F
i
NC DWO Stream identification Form Version 4.11
Date: 9 -
Project/Site:1f a `t (rV44 e
Latitude:
Evaluator: 91d / Uk
County: Qu✓ YNr�
Longitude:
Total Points:
Stream Determination (circl
Other
Stream is at least intermittent 0
if>_ 19 or perennial if>_ 30* ��
Ephemeral Intermitten erennial
P
e. Quad Name:
9'
A. Geomorphology Subtotal =
Absent
Weak
Moderate
Strong
1a. Continuity of channel bed and bank
0
1
2
Op
2. Sinuosity of channel along thalweg
0
1
3
3. In -channel structure: ex. riffle -pool, step -pool,
ripple -pool sequence
0
3
4. Particle size of stream substrate
0
1
3
5. Active/relict floodplain
0
3
6. Depositional bars or benches
0
3
7. Recent alluvial deposits
0
CP ..
3
8. Headcuts
®
1
2
3
9. Grade control
cy
0.5
1
1.5
10. Natural valley
0
0.5
1
11. Second or greater order channel
o =
Yes = 3
artmciai aitcnes are not rated; see aiscussions In manual
B. Hvdroloav (Subtotal = d:;� ) I f r ::,
12. Presence of Baseflow
0
1
2
13. Iron oxidizing bacteria
0
1
2
14. Leaf litter
<iP
1
0.5
0
15. Sediment on plants or debris
0
.5
1.5
16. Organic debris lines or piles
0
1.5
17. Soil -based evidence of high water table?
No = 0
es = 3
U bimav (subtotal = R9- c� ) "k . 5 -
18. Fibrous roots in streambed
C2
1
0
19. Rooted upland plants in streambed
2
1
0
20. Macrobenthos (note diversity and abundance)
1
2
3
21. Aquatic Mollusks
1
2
3
22. Fish
0
0.5
'Wip
23. Crayfish
o
0.5
1
1.5
24. Amphibians
0
0.5
AV /
25. Algae
0
0.5
1
1.
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:
0
Sketch: �
Q�
1
v idyit ;50
Vol eS
d 7 r_
0-
a7