20200146 Ver 1_Buffer and/or Stream Appeal Determination_20200127

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Kimley>>> Horn
January 24, 2020
Mr. Mac Haupt
NC Division of Water Resources
Director, 401 & Buffer Permitting Unit
512 North Salisbury St.
Raleigh, NC 27604
RE: Stream Determination Appeal Request — Harris Teeter 223/Chapel Hill North Site
Chapel Hill, Orange County, NC
Dear Mr. Haupt,
On behalf of our client, Hams Teeter, LLC, Kimley-Horn is submitting the attached Stream
Determination Appeal for the above referenced project. Harris Teeter proposes a minor expansion to
the north/northeast of their existing grocery store located at 1800 Martin Luther King, Jr. Blvd. in the
Chapel Hill North development in Chapel Hill, Orange County, NC. Hams Teeter intends to appeal a
Stream Determination Letter received from the Town of Chapel Hill on October 5, 2018.
As part of the project due diligence, a Stream Determination Request was submitted to the Town of
Chapel Hill (Town) in August 2018. A site visit was conducted by Allison Weakley from the Town, in
which 1 perennial waterbody and 2 perennial streams were determined subject to the Jordan Lake
Watershed Buffer Rules. The Town issued a Stream Determination Letter for the subject property on
October 5, 2018 (see attached documentation).
Following the issuance of this determination letter, Kimley-Horn environmental staff conducted a field
review in February 2019 to gather data on the subject features for potential permitting strategies.
Kimley-Hour's evaluation found that all features identified by the Town are part of a constructed
stormwater management facility and should not be subject Jordan Lake Watershed Buffer Rules. The
constructed stormwater management facility was permitted in 1995 and constructed in 1998 as part of
the Chapel Hill North development (DEM Project# 95085; attached). Kimley-Horn found the perennial
waterbody to be a stormwater detention basin serving the existing development and the perennial
streams to be artificial and constructed rip rap lined drainage outfalls coming from the stormwater
detention basin. It was raining during the Kimley-Horn field review and pre -formed scour pool at the
detention outfall was being impounded by a large fallen tree. The precipitation and impounded scour
hole created artificially elevated baseflow within the rip rap -lined stormwater drainage. Even with this
elevated baseflow, the feature only scored an 18.5 on the NCDWR Stream Identification Forth.
To determine if there were any Jurisdictional Waters of the US present within the site, Kimley-Hom
submitted an Approved Jurisdictional Determination Request to Samantha Dailey of the US Army Corps
of Engineers (USAGE) on November 11, 2019. The USACE concurred with Kimley-Hom's delineation
findings that the stormwater features are constructed solely in uplands and outside of Waters of the
US, and that no streams or wetlands are present in the site. Documentation of the AJD is currently
pending (SAW-1995-01474).

Kimley» Horn
Page 2
Based on the provided information above, Kimley-Hom is formally requesting an Appeal to the Stream
Determination Letter provided by the Town of Chapel Hill on October 5, 2018. To assist in your review
of this request, the following information has been included:
• Signed Agent Authorization Form
• NCDWR Stream Identification Forms (Kimley-Hom)
• Vicinity Map
• USGS Topographic Map
• Jurisdictional Features Map
• NRCS Soil Survey of Orange County
• Town of Chapel Hill Stream Determination Letter (October 5, 2018)
• Chapel Hill North 401 Water Quality Certification (DEMff 95085)
If you need any additional information to assist in your review of this appeal request, please feel free
to contact me at 919-678-4155 or Jason. [e-mail].
Sincerely,
Jason Hartshorn, PWS
Attachments

AGENT AUTHORIZATION FORM
Name; _Chapel Hill North Station LLC
Address: 1800 Martin Luther King; Jr. Blvd
Phone: D 11_ el-1 14" 3 (O a
Project Name/Description: Chapel Hill North Fueling Center
Date: 1UT7—gi ( `II
The Department of the Army
U.S. Army Corps of Engineers, Wilmington District
Attention: Mrs. Samantha Dailev
Field Office: Raleigh Regulatory Field Office
Re: Wetland Related. Consulting and Permitting
To Whom It May Concern:
Harris Teeter, LLC hereby designates and authorizes Kimley-Horn and Associates, Inc. to act in
my/our behalf as my/our agent solely for the purpose of processing Jurisdictional Determinations,
Section 404 permits/Section 401 Water Quality Certifications applications and to furnish upon request
supplemental information in support of applications, etc. from this day forward until successful
completion .of the permitting process or revocation by the owner.
In addition, I, the undersigned, a duly authorized owner of the property/properties identified herein, do
authorize representatives of the Wilmington District, U.S. Army Corps of Engineers (Corps) to enter
upon the property herein described for the purpose of conducting on -site investigations and issuing a
determination associated with Waters of the U.S. subject to Federal jurisdiction under Section 404 of the
Clean Water Act and/or Section 10 of the Rivers and Harbors Act of 1899.
Authorized this the Z�5 day of 0 &t V 90 t , Z O 11 .
jaed'b
Responsible Party's'Name sable Party's Signature
Cc: Karen Higgins
NC Division of Water Resources
401 & Buffer Permitting Unit
1650 Mail Service Center
Raleigh, NC 27699-1650

North Carolina Division of Water Quality - Stream Identification Form, Version 4.11
Date: 2/20/2019
Project/Site: Chapel Hill North HT -
EPHt
Latitude: 35.968887
Evaluator: J. Hartshorn (KimleyHom)
County: Orange County
Longitude:-79.058008
Total Points: 18.5
termination (circle one)
Other
Stream is at least intermittent
Ephemera ntermittent Perennial
e.g. Quad Name: Chapel Hill
if a 19 or perennial if z 30
A. Geomorphology Subtotal = 6
Absent
Weak
Moderate
Strong
Score
la. Continuity of channel bed and bank
0
1
2
3
2
2. Sinuosity of channel along thalweg
0
1
2
3
0
3. In -channel structure: ex. riffle -pool, step -pool, ripple-
oolse uence
0
1
2
3
1
4. Particle size of stream substrate
0
1
2
3
1
5. Active/relic flood lain
0
1
2
3
0
6. Depositional bars or benches
0
1
2
3
1
7. Recent alluvial deposits
0
1
2
3
0
8. Headcuts
1 0
1
2
3
0
9. Grade control
0
0.5
1
1.5
0.5
10. Natural valley
0
0.5
1
1.5
0.5
11. Second or greater order channel
No = 0
Yes = 3
0
artificial ditches are not rated; see discussions in manual
B. Hydrology Subtotal =
12. Presence of Baseflow
0
1
2
3
3
13. Iron oxidizing bacteria
0
1
2
3
0
14. Leaf litter
1.5
1
0.5
0
1
15. Sediment on plants or debris
0
0.5
1
1.5
0
16. Organic debris lines or piles
0
0.5
1
1.5
1
17. Soil -based evidence of high water table?
No = 0
Yes = 3
3
C. Biology Subtotal = 4.5
18. Fibrous roots in streambed
3
2
1
0
2
19. Rooted upland plants in streambed
3
2
1
0
2
20. Macrobenthos note diversity and abundance
0
1
2
3
0
21. Aquatic Mollusks
0
1
2
3
0
22. Fish
0
0.5
1
1.5
0
23. Crayfish
0
0.5
1
1.5
0
24. Amphibians
0
0.5
1
1.5
0
25. AI at
0
0.5
1
1.5
0.5
26. Wetland plants in streambed
FACW = 0.75; OBL = 1.5; Other = 0
0
'perennial streams may also be identified using other methods. See p. 35 of
manual.
Notes:
EPH1 is a constructed stormwater drainage carrying flow from a large sediment
basin providing stormwater treatment for a commercial development. A large tree
has fallen at the basin outlet and is artificially holding water back near culvert and
artificially increasing baseflow scoring. Substrate is riprap and soils are bright.
EPH1 hits a headcut at the 1-40 R/W fence and becomes INT.

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Legend
( Chapel Hill
( Orange County
Project Study Area
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Virginia
Orange County
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contributors, and the GIs user community
Kimley>Morn
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ORANGE
Project Location
Figure 1: Vicinity Map
Chapel Hill North Site
Chapel Hill, Orange County, NC
November 2019

Legend
ID Project Study Area
Kimley>Morn
A,
NN
" UA
+
I
10 250 500
Feet
Figure 2: USGS Topographic Map
Chapel Hill North Site
Chapel Hill, Orange County, NC
November 2019

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i rt •. `� (' e , '� i _ � ' .... .. `fie. _�`"''
cPA
L Q.
- I•r!*.. a ♦e. ��` .4
86
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Legend
Stormwater Drainage
Stormwater Pond
Project Study Area . ` 0 150 300
Feet
Figure 3: Aerial Imagery Map
Chapel North
Kimley>)Morn Chapel Hill,, OrangeiICounty, NBC
November 2019

Legend
10 Project Study Area
Kimley>)Morn
N
A
500 1,000
Feet
Figure 4: NRCS Soil Survey Map
Chapel Hill North Site
Chapel Hill, Orange County, NC
November 2019

�pW N OF
L
CyAPEL
Ms. Maggie Jones
Kimley-Horn and Associates, Inc.
200 South Tryon Street, Suite 200
Charlotte, NC 28209
Maggie.Jones@kim ey-horn.com
PUBLIC WORKS DEPARTMENT
STORMWATER MANAGEMENT DIVISION
October 5, 2018
405 Martin Luther King, Jr. Blvd.
Chapel Hill, NC 27514-5705
Telephone [phone]
Fax [phone]
www.townofchapeM.org
RE: Stream Determination for 1800 & 1880 Martin Luther King, Jr. Boulevard, Chapel Hill, NC
PIN 9880-27-5036 & 9880-27-0438
Dear Ms. Jones:
As requested, the Town Public Works Department has performed a stream determination for the properties
identified on the attached forms. This determination indicates whether different types of streams (perennial,
intermittent, and/or ephemeral) or perennial waterbodies are present on the property in question or on
nearby properties. These streams and their classifications are shown on the accompanying map. Stream
segments regulated by the Town's Jordan Lake Watershed Riparian Buffer regulations are highlighted.
Locations of all features on the map are approximate and must be field surveyed for precise location.
This stream determination information is used to determine the location and extent of the Resource
Conservation District (RCD) and Jordan Lake Watershed Riparian Buffers. Specific land use regulations and
restrictions apply within the boundaries of these protected areas. If you are considering any kind of work on
these properties, including clearing vegetation, paving, grading, or building, please consult with the Town
Planning Department to determine the possible extent of the Resource Conservation District (RCD) and Jordan
Lake Watershed Riparian Buffer on this property and the applicable corresponding regulations.
This stream determination will remain in effect for five years from the date of the site visit, after which a new
stream determination with site visit will be required.
In accordance with the Town's procedures, you may appeal this administrative decision to the Town Manager.
If you wish to do so, you must file your written appeal accompanied by any materials you believe support
your appeal, within 30 days of receipt of this letter.
If you have questions regarding stream determinations, please contact me at [phone] or
[e-mail]. If you have questions regarding the Town's Resource Conservation District
(RCD) or the Jordan Watershed Riparian Buffer regulations, please contact the Planning Department at (919)
968-2728, or view information online at: http://www.townofchal)elhill.org/town-hall/departments-
services/pu bl ic-works/stormwater-ma naeement/regulations-ordinances.
Regards,
Allison Schwarz Weakley
Stormwater Analyst

PUBLIC WORKS DEPARTMENT
STORMWATER MANAGEMENT DIVISION
405 Martin Luther King, Jr. Blvd.
Chapel Hill, NC 27514-5705
Telephone [phone]
Fax [phone]
www.townofchapelhill.org
STREAM DETERMINATION SITE VISIT RESULTS
Property Information
Parcel ID Number (PIN)
Address / Location Description
9880-27-5036, 9880-27-0438
1800 & 1880 Martin Luther King, Jr. Blvd
These are the results of a site visit to the properties listed above for a stream determination
conducted on 10 3 2018 by Town Staff:
❑ No perennial, intermittent, or ephemeral streams or perennial waterbodies were identified
on or near the property(ies) in question.
® Perennial, intermittent, or ephemeral streams, or perennial waterbodies, were identified on
or near the property(ies) in question and shown on the attached map(s).
A map showing water features, their Town flow classifications, presence of Jordan Watershed
Riparian Buffers, and their approximate locations is attached. Origins or breakpoints that
have been flagged in the field are marked on the map. Stream classification forms and
additional site visit notes and maps are also attached.
Other conditions exist which may affect the location of the Resource Conservation District or
Jordan Watershed Riparian Buffer:
❑ FEMA floodzone is mapped in the area. Precise location of the Base Flood Elevation and
associated Resource Conservation District must determined by a field survey commissioned by
the owner or a representative.
® Segments of perennial or intermittent stream are piped in the area, as shown on the map.
These segments do not have an associated Jordan Watershed Riparian Buffer.
® Possible Jurisdictional Wetlands have been identified in the area. A formal review by a
professional certified in Jurisdictional Wetland Delineation is recommended if impacts to
wetlands are anticipated.
10/5/2018
Town Staff Signature Date
Version 3I1=18

Stream Determination Area Ma
Perennial Stream ® Culverts Address: 1800 & 1880 Martin Luther King, Jr. Blvd, Chapel Hill, NC
® Riser Pipe
— 2-foot Contours Parcel ID:9880-27-5036, 9880-27-0438
— 10-foot Contours N
Buildings 0 100 200 400 Feet
0 Parcels I i r r I i i i I 1 inch = 200 feet
�-� Town Zoning Jurisdiction Boundary
Approximate Jordan Buffer
Perennial Waterbody Stream locations are approximate and must be verified by survey.
Buffers are measured from top of bank. RCD buffers may apply.
Subject Property Please contact the Town of Chapel Hill Planning Department to verify.
Cell
140,
/40'' "66
i SSO
Hill
s

USGS 24K Topographic / County Soil Survey
Maps
Q Subject Property Address: 1800 & 1880 MLK Jr. Blvd, Chapel Hill, NC
0 150 300 450 600 Feet Parcel ID: 9880-27-5036, 9880-27-0438
1 1 1 1 I
1 Inch = 500 feet Created by Town of Chapel Hill Public Works Department- Stormwater Management
Division- 10/3/2018
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FIELD MAP
1800 & 1880 MLK Jr Blvd
PIN 9880-27-5036 &
9880-27-0438
1
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.\
150 from parcel boundary ��
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5209.
140
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FO
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1'�fo N
BR\ 0 50 100 200 Feet

NC DWQ Stream Identification Form Version 4.11
Date: d
Project/Site: 3�U
Latitude: D�
Evaluator: l C�}��Gl'��,n!
County:
Longitude.
Total Points:
Stream Determination (cirrle_one),
Other
Stream r e least intermittent �r
if>_ 19 or perennial if>_ 30* W
Ephemeral Intermitten Perennial
p
e. Quad Name:
g'
A. Geomorphology (Subtotal =)
Absent
Weak
Moderate
Strong
1a' Continuity of channel bed and bank
0
1
2
3'
2. Sinuosity of channel along thalweg
0
1 '
2
3
$ In_channel structure: ex. riffle -pool, step=pool,_
ripple -pool sequence I _
0
C-
2
3
4. Particle size of stream substrate
0
1
2
3
5. Active/relict floodplain VJ
0
1 t
2
3
6. Depositional bars or benches 61tc , (/"_06
0
2
3
7. Recent alluvial deposits i n Q &-p- O 4A+e-,
0
1 v
2
3
8. Headcuts
00
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 n
No = 0
Yes = 3
a artificial ditches are not rated; see discussions in manual
B. Hydrology (Subtotal = � 5-)
12. Presence of Baseflow
0
1
2
(�
13. Iron oxidizing bacteria
0
C13
2
3
14. Leaf litter
(1.5)
1
0.5
0
15. Sediment on plants or debris
0
0.5
1
11.5
16. Organic debris lines or piles
0
1 0.5
1
1.5
17. Soil -based evidence of high water table?
No = 0
es = 3
C. Biology Subtotal =
18. Fibrous roots in streambed
3
2
1
0
19. Rooted upland plants in streambed
2
1
0
20. Macrobenthos (note diversity and abundance)
0
1
2
3
21. Aquatic Mollusks
22. Fish �� - �(,�
0
0
1
0.5
2
1
3
1.5
23. Crayfish
0)
0.5
1
1.5
24. Amphibians
0
0.5
1
1.5
25. Algae
0
0.5
1
1.5
26. Wetland plants in streambed
FACW = 0.75; OBL = 1.5 Other = 0
*perennial streams ma al!be identified using other�methoci. Sege p. 35 of manual.
Notes: �C, A )n GCIn 1(. T_) `I-!n'« -1 , rea- r. '
Sketch: ' 1 DG
V 4 '✓ '*�'✓i "� .
�d �DCc iG vd--f ��

t�-
NC DWO Stream Identification Form Version 4.11
Date: l (� 3
Project(Site: � ��( F5
atitude: 1 1 lD 1
lOr���
Evaluator: ��I d��S
L
County: 0�a� e
Longitude;_ r
Total Points:
Stream is at least intermittent �% �„
�tlJ
Stream Determination (cir le-o a
Ephemeral Intermitten Perennial
Other
e19 Quad Name:
if 2: 19 orperennial if 2: 30
1.g.
A. Geomorphology (Subtotal
Absent
Weak
Moderate
Strong
1" Continuity of channel bed and bank
0
1
2
3
2. Sinuosity of channel along thalweg
0
2
3
_3._In_channel_structure:_ex._riffle-pool,_step-pool,
ripple -pool sequence
_ 0
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
0-6
1
1.5
10. Natural valley
0
0.5
1
1.5
11. Second or greater order channel
No = 0
Yes = 3
artificial ditches are not rated; see discussions in manual
R_ Hvdrnlnav (Suhtntsl = 9 1
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 "
es = 3
(', Rinlnnv (Si ihtntal = 1. I . L )
18. Fibrous roots in streambed
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
1
2
3
22. Fish
(91
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
1.5
26. Wetland plants in streambed
FACW = 0.75; OBL = 1.5 Other = 0
Perennial streams may also be identi ed using other methods. See p. 35 of manual. ,
Notes: (
Sketch:
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