20190934 Ver 1_Buffer Appeal Letter_20191010

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
Jennifer Burdette
McAdams
2905 Meridian Parkway
3815 Wake Forest Highway
Durham, NC 27703
NORTH CAROLINA
Environmental Quality
October 10, 2019
DWR Project # 20190934
Durham County
Subject: On -Site Determination for Applicability to the Jordan Lake Riparian Area Protection
Rules Title 15A North Carolina Administrative Code (NCAC) 02B .0267
Location: Durham County Parcel ID 108792 and PIN 0811-05-69-9264.L00, Towerview Road
between Science Drive and Union Drive, Duke University, Durham, NC
Dear Jennifer:
On July 12, 2019, the Division of Water Resources (DWR) received a request from Jennifer Burdette
with McAdams, on behalf of Duke University, to appeal an on -site determination made by the City
of Durham as provided in Title 15A NCAC 02B .0267. 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 Sandy Creek, for applicability to the Jordan Lake Riparian Area Protection Rules 15A
NCAC 02B .0267.
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
A
Stream
Ephemeral
No
Stormwater
Culvert Inlet under
Yes
No
Pipe Outlet
Towerview Road
* E=Ephemeral; 1=Intermittent; P=Perennial
This determination for "Feature A" replaces the determination originally performed by the
City of Durham for Feature A only as documented in their attached letter dated June 28, 2019
and reference number COD Jordan #2019-009. 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.
DE Q North Carolina Department of Environmental Quality I Division of Water Resources
_ 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh. North Carolina 27699-1617
�� /'� 919.707.9000

Jordan Lake Riparian Buffer/Stream Determination Appeal
DWR Project #20190934
Page 2 of 2
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
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:
Ifsending via U.S. Postal Service: Ifsending 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,
A-
4-
Mac Haupt, Acting Supervisor
401 & Buffer Permitting Branch
Attachments: Photographs; Aerial Map; USGS Topo; NRCS Soil Survey; DWR Stream ID Forms;
Original Letter from City of Durham
cc: 401 & Buffer Permitting Branch files
DWR RRO - via email
Jennifer Burdette, McAdams, via email, burdette0mcadamsco.com
Bo Dobrzenski, City of Durham via email, [e-mail]
Filename: 20190934 TowerviewRdDukeCampus_Stream Appeal.docx

lip
e4 y �!
4-1 ILI
.--OR V. �
-,7
Jr, /10, lip

USGS Mai). Towerview Road
PV
WWC
Between Science Dr. and Union Dr., Durham NC
AO/V
o
NRCS Soil Survey
Shelton Sullivan DWR 9/17/2019

NC DWO Stream identification Form Version 4.11 .-.r
Date: - I ._ `, - , c,
Project/Site: i gyp,- ��e
Latitude:
Evaluator: 5SJU;V&�
County: ���
Longitude:
Total Points:
Stream ermination (circle one)
Other
Stream is at least intermittent
if >_ 19 or perennial if >_ 30'
phemeral' ntermittent Perennial
e.g. Quad Name:
A. Geomorphology (Subtotal 40 1 )
Absent
Weak
Moderate
Strong
1a. Continuity of channel bed and ban
0
0
2
3
2. Sinuosity of channel along thalweg
0
3
3. In -channel structure: ex. riffle -pool, step -pool,
ripple -pool sequence
0
(1)
2
3
4. Particle size of stream substrate
0
2
3
5. Active/relict floodplain
a
1
2
3
6. Depositional bars or benches
MP
1
2
3
7. Recent alluvial deposits
0
3
8. Headcuts
0
1
3
9. Grade control -e4 1.we.,_
0
0.5
04, CV
1.5
10. Natural valley
0
1
1.5
11. Second or greater order channel
= Yes = 3
a artificial ditches are not rated; see discussions in manual _
B. Hvdroloav (Subtotal = I .T) 1
12. Presence of Baseflow
1
2
3
13. Iron oxidizing bacteria
01
2
3
14. Leaf litter
1.5
1
0
15. Sediment on plants or debris
0
1
1.5
16. Organic debris lines or piles
0.5
1
1.5
17. Soil -based evidence of high water table?
o =
Yes = 3
C. Bioloav (Subtotal = -A, 1
18. Fibrous roots in streambed
3
1
0
19. Rooted upland plants in streambed
3
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 1
1.5
26. Wetland plants in streambed
FAIC1N= 0. 5; Other 0
'perennial streams may also be identified using other methods. See p. 35 of manual.
Notes:
rxu.tio�,.
i
Sketch: �� �e��
46,r2c�
Q
Qtv`lis✓` Svcs ��
o a

NC DWO Stream Identification Form Version 4.11
Date:
Project/Site:
Latitude:
Evaluator:
County:
Longitude:
Total Points:
Stream Determination (circle one)
Other
Stream is at least intermittent
Ephemeral Intermittent Perennial
e.g. Quad Name:
if >_ 19 or perennial if > 30'
A. Geomorphology (Subtotal = )
Absent
Weak
Moderate
Strong
1 a. Continuity of channel bed and bank
0
1
2
3
2. Sinuosity of channel along thalweg
0
1
2
3
3. In -channel structure: ex. riffle -pool, step -pool,
ripple -pool sequence
0
1
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
1
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
10. Natural valley
0
0.5
1
1.5
11. Second or greater order channel
No = 0
Yes = 3
a artificial ditches are not rated; see discussions in manual
B. Hvdroloav (Subtotal = )
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
0.5
1
1.5
16. Organic debris lines or piles
0
0.5
1
1.5
17. Soil -based evidence of high water table?
No = 0
Yes = 3
C. Biology (Subtotal =
18. Fibrous roots in streambed
3
2
1
0
19. Rooted upland plants in streambed
3
2
1
0
20. Macrobenthos (note diversity and abundance)
0
1
2
3
21. Aquatic Mollusks
0
1
2
3
22. Fish
0
0.5
1
1.5
23. Crayfish
0
0.5
1
1.5
24. Amphibians
0
0.5
1
1.5
25. Algae
0
0.5 1
1 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: