19980579 Ver 1_COMPLETE FILE_19980622

V,
State of North Carolina
Department of Environment
and Natural Resources
Division of Water Quality
e??
James B. Hunt, Jr., Governor N C ENR
Wayne McDevitt, Secretary Q. Preston Howard, Jr., P.E., Director NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
Mr. James M. Eisenhardt
Kimley-Horn and Assoc.
P. O. Box 33068
Raleigh, NC 27636
June 22, 1998
? 8 o,5'7
Re: Joven Properties; Neuse River Buffer Determination
Dear Mr. Eisenhardt:
This letter is a follow up of our June 12, 1998 meeting at Joven Properties 49 acre
site off Capital Boulevard. Also present at that meeting was Eric Fleek from this office.
The purpose of the meeting was to determine the Neuse River Buffer Rule jurisdiction on
several streams located on the property. The USGS topo quad shows only the main
stream (Stream 1) as a tributary to Smith Creek. However, the SCS Soil Survey for
Wake County shows the additional channels identified as Channel A, Channel B, and
Stream 1A.
From our on site evaluation of the streams and channels present on the property
we found that a portion of Channel B, most of Stream IA, and all of Stream 1 on the
property are streams subject to the Neuse River Buffer Rules. Channels A, C, and D
were found to stormwater channels not subject to the buffer rule. Grassed areas under the
powerline right of way along the stream would not be subject to the buffer rule. The
drained beaver pond would also not be subject to the buffer rule but may be a
jurisdictional wetland. There is also another wetland area near the confluence of Stream
lA and Stream 1 under the powerline right of way.
Should development of this property include impacts to wetlands or streams, the
US Army Corps of Engineers as well as this Division should be contacted for the proper
authorizations. If you have any questions concerning this determination please feel free to
contact me 733-1786. I have also enclosed a copy of the Neuse River Nutrient
Management strategy for your future information.
Sincerely,
Peter Colwell
Environmental Specialist
cc: Danny Smith, DWQ Raleigh Regional Office
John Dorney, DWQ Central Office
Environmental Sciences Branch 4401 Reedy Creek Road Raleigh, North Carolina 27607
Telephone [phone] FAX # [phone]
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? ? ? Kimley-Horn
and Associates, Inc.
June 19, 1998
Mr. Pete Caldwell
North Carolina Department of Environment and Natural Resources
Division of Water Quality
4401 Reedy Creek Road
Raleigh, North Carolina 27607
Re: Neuse River Buffer Rule Jurisdictional Determination
Joven Properties - 49 acre Capitol Boulevard Site
Wake County, North Carolina
Dear Mr. Caldwell:
On behalf of our client, Browder Harris, Inc., thank you for meeting with me on site on
June 12, 1998 to review our assessment of limits the of jurisdiction per the Neuse River
Buffer Rule on the referenced property. Attached for your review is a copy of a portion
of the Wake Forest USGS Quad map showing the site location. In addition, attached is a
sketch prepared by Kimley-Horn and Associates dated June 15, 1998 which depicts the
limits of jurisdiction per the Neuse River Buffer Rules on the entire 49 acre Joven
Properties parcel:
In summary, a stream (Stream 1 on the map) shown as a blue line intermittent stream on
the USGS traverses through the property from the north to the south. An intermittent
stream connects to Stream from the west (Stream 1 A). In addition, Three small
stormwater channels also discharge to the Stream 1. Channel A flows west through the
utility easement on the south end of the property and ends at the beaver dam. Channel B
connects the beaver dam to Stream 1. Channels C and D flow from the east to Stream 1.
It was determined that Stream 1 meets the stream criteria and is subject to the Neuse
Buffer rules. In addition, Stream IA is an intermittent stream that is subject to the Buffer
rule as well up to a point where the channel is only a stormwater channel (point
approximately located on the plan). This point was flagged in the field with an orange
and yellow flag. Channels A, C and D were determined to be stormwater channels.
Channel B is also a stormwater channel to a point approximately 50 feet from its
connection to Stream 1. This short segment was classified as an intermittent stream
subject to the rule.
During our site review it was noted that the beaver dam did not contain any water
although water marks were noted on trees. In addition, it was noted that the area did not
contain hydric soils. It was determined that this area was not a pond subject to the rule.
¦
P.0. Box 33068
Raleigh, North Carolina
27636-3068
¦
TEL [phone]
FAX [phone]

? ? ? Kimley-Horn
and Associates, Inc.
Mr. Peter Caldwell, June 19, 1998, Page 2
Stream 1, Stream IA and Channel B are located in forested portions of the site.
However, a utility easement that is frequently maintained is located adjacent to Stream 1
along its entire length to the south. It was also determined that the Neuse Buffer would
not be required along the east side of stream 1 to the north of the stream's crossing of the
easement.
As discussed, our client would like written confirmation of your findings as described
above and reviewed in the field. Should you have any questions, please do not hesitate to
contact. Again, thank you for your assistance with this project.
Very truly yours,
KIMLFY-HORN AND ASSOCIATES, INC.
i
1 r
' mes M. Eisenhar
/ Manager, Environmental Services
Attachment

PPPF'= Kimley-Horn
hhh.- = and Associates, Inc.
June 19, 1998
Mr. Brad Murr
Browder Harris, Inc.
122 Cherokee Road
Charlotte, North Carolina 28207
Re: NCDENR-DWQ Neuse Buffer Determination
Joven Properties Site
Capitol Boulevard, Wake County, North Carolina
Dear Mr. Murr,
As authorized in our Letter Agreement June 16, 1998 regarding the referenced site, our
staff met with North Carolina Department of Environment and Natural Resources -
Division of Water Quality (NCDENR-DWQ) on site to review NCDENR jurisdictions
with respect to the Neuse River Buffer Rules. The site visit was conducted on June 12,
1998. Mr. Erik Fleek and Mr. Pete Caldwell of NCDENR attended the site visit.
Attached please find a copy of a letter dated June 19, 1998 from our office to NCDENR-
DWQ requesting an official confirmation of our findings in the field. A sketch of the
limits of NCDENR jurisdiction is attached to the letter as well. The limits of NCDENR-
DWQ are shown for the entire 49 acre Joven Properties site at NCDENR's request.
Please note that NCDENR-DWQ agreed with our initial assessment that the "channel"
located on the portion of the Joven properties you are interested in (southwest corner) is
not a stream subject to the Neuse River Buffer Rules. In addition, they also agreed that
no buffer would be required from the beaver pond since the pond was completely dry
during the time of our site visit. Only the main stream on site was determined to be
subject to the Neuse River Buffer Rules.
Mr. Fleek indicated he should be able to provide a written response within a couple of
weeks of receipt of the letter. We will contact you as soon as the letter is received.
Should you have any questions, please do not hesitate to contact me.
Very truly yours,
KIMLEY-HORN AND ASSOCIATES, INC.
A.
;Jon E. Wilson, AICP, ASLA ?-
Attachment
¦
P.O. Box 33068
Raleigh, North Carolina
27636.3068
¦
TEL [phone]
FAX [phone]
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« ,- Exhibit 1
-'' USGS Map - Wake Forest, North Carolina Quad
¦
344.0
• 0 MAINTAINED/RECEN ED/RECENTLY MOWED POWER LINE EASEMENT i
• ? ?? ?? ?? ? 1 ' '? ? SANITARY SEWER LINE EASEMENT COMPACTED WITH PONDED WATER
1 I - N
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PROPERTY BOUNDARY 1 I
1 I J CHRIS LEITH CHEV.
1 1 I \'CHANNEL D
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REGULATED NEUSE BUFFER STREAM
j .0 APPROXIMATE LOCATION OF
• 1 'o NEUSE BUFFER JURISDICTIONAL LIMIT I ,I I
1 I ?'_ / I STREAM 1 I I I 1
STREAM IA i ?I I II I i \'?.
CHANNEL C
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930.6 ..
MAINTAINEDJRECENTLY MOWED POWER LINE EASEMENT
[;INIMAL FUGITIVE DUMPING
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338.4 0
J I
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II
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CHANNEL

POTENTIAL WETLAND
/ APPROXIMATE LOCATION OF$' N
A
?NEUSE BUFFER JURISDICTIDNAL LIMIT
' \?• ? 'BEAVER DAMS"
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I( RAILRO
AD,
i
15" OR 18" METAL CULVERT
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B
POTENTIAL WETLAND
will it ---- i
JOVEN PROPERTIES

C?I1
Kimley Horn and Associates, Inc.
! 1) FIELD REVIEW CONDUCTED WITH
DWQ STAFF, JUNE 12,1998,
FOR NEUSE BUFFER DETERMINATION
2) LOCATION OF STREAMS
APPROXIMATE (NOT SURVEYED)
3)SKETCH COMPLETED BY KHA
4) BASEMAP PROVIDED BY OTHERS
DATE 6/15/98
KEY
GREEN • POWER LINES/SANITARY SEWER
ORANGE + POTENTIAL WETLANDS
RED STORMWATER CHANNEL
(NON-NEUSE REGULATED)
BLUE - REGULATED NEUSE BUFFER
STREAM
PURPLE - CULVERT
SCALE 1" = 80'
Exhibit 2
?{d Wake County GIS Property Survey
STONE CULVERT 6' BY 50' UNDER RAILROAD