20070499 Ver 1_Complete File_20100723

t Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
y
Alan W. Klimek, P.E., Director
Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
August 4, 2003
Mr. Todd Preuninger
Soil and Environmental Consultants
11010 Raven Ridge Road
Raleigh, NC 27614
Dear Mr. Preuninger:
RE: Ebenezer Church Townhomes project, Sun Colony developers
Stream origin appeal
S&EC Project Number: 98-3796
Wake County
On June 20, 2003 the Division of Water Quality received a written request from the Division of Parks and
Recreation to appeal the stream origin determination made by Matt Flynn of the Division's Raleigh Regional
Office on March 14, 2001. The Division of Parks and Recreation (on behalf of Umstead Park) was especially
interested in the origin of channel B. Mr. Flynn had determined that the intermittent stream began immediately
above the lowermost wetland on the channel.
On July 31, 20031 visited the site along with Kathleen Snyder of the Division of Parks and Recreation as
well as Jean Spooner of the Umstead Coalition who also had concerns about the project. Ms. Spooner stated
that she had standing permission to enter the site from the developer. Using the current DWQ stream rating
form. I rated the central channel at 29 points at your flag "NBR01" which is immediately above the point
established by Mr. Flynn. I then rated the channel between the uppermost wetland and the "NBR01" flag. This
section rated at 19.25 points. Most importantly, I collected several macrobenthos taxa (see attached memo from
Larry Eaton dated July 31, 2003) which were indicative of perennial or intermittent flow based on his extensive
experience in similar streams in Umstead Park. Therefore, the Division has now determined that the intermittent
stream on channel B on this tract has its origins immediately below the uppermost wetland (your flag number
170). This determination replaces one issued by DWQ by Matt Flynn on March 14, 2001.
I was also given a copy of the site plan for this project that was based on the previous stream origin. The
site plan will need to be modified (probably only slightly) to address the corrected stream origin and its
associated buffer. Also the wetland boundaries on your original map do not match those on the site plan.
assume that the Corps of Engineers has signed a delineation map for this site that will address this discrepancy.
Please call me at 733-9646 to discuss this matter.

Cc: Kathleen Snyder, Division of Parks and R ion
Jean Spooner, Umstead Coalition
DWQ Raleigh Regional Office
Central files
Filin
N. C. Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
[phone] (phone), 919-733-6893 (fax), (ht_pt '//h2o.enr.state.nc.us/ncwetlands)
Customer Service t 1-877-623-6748

NC Division of Water Quality
Wetlands/401 Unit
July 31, 2003
Memorandum
To: John Dorney
From: Larry Eaton, °Z
Subject: Analysis of macroinvertebrates at Ebenezer Church Rd Townhomes. 7/31/03.
During your site visit to the Ebenezer Church Townhomes site, you collected three
macroinvertebrates, a dipteran and two beetles, and the case of a Trichoptera. The dipteran is
the genus Tipula. In our intermittent stream sampling, Tipula was collected at stream segments
rated 29 points and up (nearly perennial) during both summer 02 and winter 03 collections.
The two beetles are Copelatus and Helocombus. Both of these species are common in Schenk
Forest collections in June 03 at stream segments scored 29 points and higher (nearly perennial
and perennial).
The trichopeteran case was an inch or more long and made out of plant material. Most
caddisflies that make cases like this belong to the family Limnephilidae, the same family as other
perennial indicators such as Neophylax and Pycnopsyche.
Based on the macroinvertebrate fauna alone, it would appear that this segment of stream is at
least intermittent, and possibly perennial.
North Carolina Division of Water Quality; Wetlands/401 Unit
1650 Mail Service Center; Raleigh, NC 27699-1650
2321 Crabtree Blvd., Raleigh, NC 27604-2260
Telephone: [phone]; Fax: [phone]
http://h2o.enr.state.nc.us/ncwetlands
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State of North Carolina
Department of Environment
and Natural Resources
Raleigh Regional Office
Michael F. Easley, Governor
William G. Ross, Jr., Secretary
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NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
March 14, 2001
S & EC, Inc.
Todd Preuninger
11010 Raven Ridge Rd.
Raleigh, NC 27614
IA
Subject: Neuse River Basin
Riparian Buffer Rules
NBRRO 01-085
Sun Colony/S&EC #98-3796
Wake County
Dear Mr. Preuninger:
The site location map and other information that was provided, allowed a determination to be made
as to whether or not the site would require compliance with the Neuse Buffer Rule. This specific
project is referenced by the Raleigh Regional Office as NBRRO 01-085.
Stream features A, B and C are indicated on either the Wake County Soil Survey or the USGS
Bayleaf Quadrangle (topographic). On March 8, 20011 completed a site visit and determined that
features A and B (below flag #147) are subject to protection under the Neuse River Basin: Nutrient
Sensitive Waters Management Strategy; Protection and Maintenance of Existing Riparian Areas,
Administrative Code 15A:02B.0233 (NCAC 0233). Feature C is an ephemeral feature and therefore
exempt from the Neuse Buffer Rule. This letter addresses only the applicability of the Neuse Buffer
Rule at this one specific site.
Thank you for your attention to this matter and if this Office can be of any assistance or if you have
additional questions, please do not hesitate to contact us.
Sincerely,
i
cc: RRO/John Dorney
C: buffl.085.doc
1628 Mail Service Center, Raleigh, NC 27699-1628
An Equal Opportunity Affirmative Action Employer
Matthew Flynn
Environmental Specialist
Telephone [phone] FAX (819y
50% recycled/10%o post-consp?
J% $..?
Soil & Zmvironmental Con Inc.
1101 Raven Rxlge Road, Raleigh, North Carolina 27614
Phone: [phone] Fes [phone]
Project: Sun Colony/Ebenezer Church Rd 38cEC A. 98-3796
Date: 2128101
PreBminary Wetlasid Approsimutioa
Suitable for Preliminary Planning On*
3818C reserves the right to moddy this map based on more fieldwork,
surveyed delineations and any other additlanei iofoemation.
ApPrOxkatlats were mapped using LoPographic maps and pound hnthing.
If these areas are to be used, they must be approved and
Pennimed by the U.B. Army Carps of Engineers.
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LEGEND:
= WETLANDS [must be confirmed by the USAGE and DWQ]
WATERS OF THE U.S. SUBJECT TO THE NEUSE RIVER SO tit. BUFFERS [Le., intermittent
streams; must be confirmed by the USAGE and DWQ] r
.•• y r• -MARGINAL WATERS OF THE U S.AJNEAR WETLAND, NOT SUBJECT TO THE NEUSE
BUFFER RULES [must be confirmed by the USAGE]
93 = BOUNDARY OF EVALUATED AREA
TT - TIE TO K = PROPERTY LINE
Maps rio databases are public information supplied ?? ??
by various government agencies. The author and/or y.?
seller of the software program are in no way IL_J
responsible or liable for the information depicted
herein. Inquiries concerning the data should be 0 99 199 298 398
directed to thb appropriate government agency. Scale in Feet
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Soil & Environmental Consultants, Inc
11010 Raven Ridge Rd.- Raleigh, NC 27614
[phone] • [phone]
Web Page: www.SandEC.com

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Ebenezer Church Rd.
Sun Colony LLC
Raleigh, Wake County, NC
Soil & Environmental Consultants, Inc.
11010 Raven Ridge Rd.- Raleigh, NC 27614
(919) 8465900 " (919) 846,9467
Web Page: www.SandEC.com
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Mgr.: SC 2/22101 Ebenezer Church Rd. NC 27614
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