20191637 Ver 1_Stream Appeal_20191203

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
Scott Mitchell
Mitchell Environmental, P.A.
1501 Lakestone Village Lane, Suite 205
Fuquay-Varina, NC 27526
NORTH CAROLINA
Environmental Quality
December 3, 2019
DWR Project # 20191637
Wake 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: Holt Road Assemblage/Tullamore S/D, Wake County PIN 0733839147 and PIN
0733828561, 1745 Holt Road, Apex, Wake County, NC
Dear Sir:
On October 7, 2019, the Division of Water Resources (DWR) received a request from you, to appeal
an on -site determination made by the Town of Apex as provided in Title 15A NCAC 02B .0267 (4)(d)
of the Jordan Lake Riparian Buffer Rules. On November 7, 2019, Shelton Sullivan of DWR, conducted
an on -site determination to review the feature on the property, an unnamed tributary to Beaver
Creek, for applicability to the Jordan Lake Riparian Buffer Rules 15A NCAC 02 B .0267.
During the review, Shelton Sullivan evaluated the feature using the DWR Stream Classification Form
and the results are below and photographs of these locations are attached.
Feature ID
Feature
Type
*E/I/P/ Other
Subject
to Buffer
Rules
Start @
Stop @
Depicted
on
Soil Survey
De pitted on
USGS Topo
Dewatered
P1
Pond
Possible
No
Dewatered Pond
Upper point of
(possible
wetlands
1
Pond 2
Yes
Yes
wetlands)
Downstream
Pond and
feature below
P2
Connected
Perennial
Yes
Upper Point of
pond, continues
Yes
Yes
Stream
Pond 2
to southeast
property line
* E=Ephemeral; 1=Intermittent; P=Perennial
This determination for features P1 and P2 replaces the determination originally performed
by the Town of Apex as documented in their attached letter and reference number Apex 18-
008. This determination shall expire five years from the date of this letter.
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 lb17 Mail Service Center I Raleigh, North Carolina 27699-1611
ern rwa:x cru ^
90.707.9000

Jordan Lake Riparian Buffer/Stream Determination Appeal
DWR Project #20191637
Page 2 of 7
This determination can be contested as provided in General Statute 150E 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 and
one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office
hours (Monday through Friday between 8:00 am and 5:00 pm, 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 on the subject property and does not
approve any activity within any riparian buffers. Nor does this letter approve any activity within
waters of the of the State or waters of the United States, which include wetlands. Any activities along
these features may require 404/401 permits and certifications. Any inquiries regarding applicability
to Section 404 of the Clean Water Act should be directed to the US Army Corps of Engineers Raleigh
Regulatory Field Office at (919)-554-4884. If you have any additional questions or require additional
information, please call Shelton Sullivan with DWR at [phone]
S
incer ry,
a�
- '
Mac Haupt, Ac ng Supervisor
401 & Buffer Permitting Branch
Attachments: Photographs; USGS Topo; MRCS Soil Survey; DWR Stream ID Forms; Original Letter from the
Town of Apex
cc: 401 & Buffer Permitting Branch files
Scott Mitchell, scottPmitchellenvironmental.com
Adam Aycock, adamOrnitchellenvirgnmental.com
Josh Swindell, [e-mail]
Mike Deaton, Town of Apex, via email Filename: 1745HoltRoad_Apex_WakeCo-Stream Appeal.docx

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14

Jordan Lake Riparian Buffer/Stream ➢etermination Appeal
DWR Project #20191637
Page 5 of 7
USGS 2019 Map

Jordan Lake Riparian Buffer/Stream Determination Appeal
DWR Project #20191637
Page 6 of 7
Wake County Soil Survey - features Shown

Jordan Lake Riparian Buffer/Stream Determination Appeal
DWR Project #20191637
Page 7 of 7
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September 27, 2019
Adam Aycock, El
Mitchell Environmental
1501 Lakestone Village Lane Suite 205
Fuquay-Varina, NC 27526
WATER RESOURCES DEPARTMENT
Subject: Stream 'E' Origin Determination Apex 18-008
Holt Road Assemblage-2
Apex Primary Watershed —Cape Fear Watershed —Jordan Lake Watershed
Dear Mr. Aycock,
On September 11, 2019, James Misciagno and Jessica Bolin went to the subject site to evaluate and
confirm the origin of stream/feature 'E' following the draining of pond 'C'. Based on the information
obtained during the site visit and per the requirements set forth in Section 6.1.11 of the Town Unified
Development Ordinance (UDO), we have agreed to the origin point of stream 'E' as identified on USGS
field sketch dated September 27, 2019.
Stream 'E' remains a perennial channel with a new origin point as summarized in the table below.
Drainage
Shown as
Shown as on
Determination made
Determined Buffer
Feature
on USGS
Soil Survey
in the field
Width
Stream "E"
Intermittent
Perennial
Perennial
100 feet
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 Division of Water Resources (DWR) or Delegated Local
Authority in the Jordan Lake watershed may request a determination by the DWR 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, DWR —401 &
Buffer Permitting Unit; 1617 Mail Service Center, Raleigh, NC 27699-1617. Otherwise the appeal
procedure will be in accordance with UDO Section 6.1,11,
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 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 8:00am and 5:00pm, 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. A copy of the petition must also be served
to the Department of Natural Resources, c/o Mary Penny Thompson, 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. This project may require a Section 404/401 Permit for the proposed activity. Any inquiries
should be directed to the US Army Corp of Engineers (Raleigh Regulator Field Office) at [phone].
If you have any questions, please do not hesitate to contact me at [phone].
Sincerely,
Michael S. Deaton, PE
Stormwater & Utility Engineering Manager
Attachments
TOWN OF APEX
The Peak of Good Living
PO Box 25o Apex, NC 27502 1 [phone] 1 www.apexne.org