20100586 Ver 1_Buffer Determination_20100823

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
August 23, 2010
Mr. Steve Mitchell
Steve Mitchell Environmental Consulting
1813 Lancaster Drive
Garner, NC 27529
Subject Property: Art Alexander, Yeargan Road Tract in Garner, NC
UT to Lake Benson
DWQ Project # 2010-0586
Wake County
On-Site Determination for Applicability to the Neuse River Riparian Area Protection Rules (15A NCAC 2B
.0233)
Dear Mr. Mitchell:
On August 18, 2010, at your request I conducted an on-site determination to review two features located
on the subject property for applicability to the Neuse Buffer Rules (15A NCAC 2B .0233). The two
features are labeled as "A" and "B"on the attached map initialed by Amy Chapman on August 23, 2010.
Division of Water Quality (DWQ) Staff from the Raleigh Regional Office had previously conducted an
on-site determination of the two stream features. In your letter to the Director received by DWQ on July
21, 2010, you requested an appeal of their determination as provided within 15A NCAC 02B .0233(3)(a).
The Division of Water Quality (DWQ) has determined that the following:
Feature "A" is subject to the Neuse Buffer Rule throughout the property. The stream rated a 20.5
on the NCDWQ stream identification form, which is considered an intermittent stream.
Feature "B" is not subject to the Neuse Buffer Rule on the property.
This determination shall replace the determination originally performed by the Regional Office and
shall expire five years from the date of this letter.
This stream and its associated buffers should be identified on any future plans for this property. The
owner (or future owners) should notify the DWQ (and other relevant agencies) of this decision in any
future correspondences concerning this property.
You can contest the Director's decision as provided in Articles 3 and 4 of G.S. 150B. To contest the
Director's decision you must file a petition for an administrative hearing. You may obtain the petition
form from the office of Administrative hearings. You must file the petition with the office of
Administrative Hearings within sixty (60) days of receipt of this notice. 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. The original and one (1) copy of the petition must be filed with
the Office of Administrative Hearings.
401 Oversight/Express Review Permitting Unit
2321 Crabtree Blvd, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone]
Internet: http://portal.ncdenr.org/web/wq/ws
NonrthCarolina
?aturall?
An Equal Opportunity \ Affirmative Action Employer
Mitchell
Page 2 of 2
August 23, 2010
The petition may be faxed-provided the original and one copy of the document is received by the Office
of Administrative Hearings within five (5) business days following the faxed transmission.
The mailing address for the Office of Administrative Hearings is:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone: [phone], Facsimile: (919)-733-3478
A copy of the petition must also be served on DENR as follows:
Ms. Mary Penny Thompson, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter only addresses the applicability to the buffer rules and does not approve any activity within the
buffers. Nor does this letter approve any activity within Waters of the United States or Waters of the
State. If you have any additional questions or require additional information please call Amy Chapman at
[phone]. This determination is subject to review as provided in Articles 3 & 4 of G.S. 150B.
Sincerely,
s
E 1
oleen H. Sullins
CHS/ijm/asc
Enclosures: USGS Topo
cc: Lauren Witherspoon, DWQ Raleigh Regional Office
File Copy
Filename: 100586YearganRdTract(Wake)NBR_Appeai
' ? ;3 S
?L? -_-?------'? -1- ?= z 3 - t G
North Carolina Division of Water Quality - Stream Identification Form; Version 3.1
Date: g - Project: O V S Latitude:
Evaluator: ?, ??_ Site: Longitude:
Total Points: Other 1
Stream is at least intermittent County: (/y e.g. Quad Name: \
if z 19 or perennial it z 30
A. Geomorphology (Subtotal = t Absent Weak Moderate Strong
18. Continuous bed and bank 0 1 2
2. Sinuosity 0 2 3
3. In-channel structure: riffle-pool sequence 0 2 3
4. Soil texture or stream substrate sorting 0 1 2 3
5. Active/relic floodplain 1 2 3
6. Depositional bars or benches 0 1 2 3
7. Braided channel 0 1 2 3
8. Recent alluvial deposits 0 1 3
98 Natural levees 0 1 2 3
10. Headcuts 1 2 3
11. Grade controls 0.5 1 1.5
12. Natural valley or drainageway 0 0.5 1 1.5
13. Second or greater order channel on existing
USGS or NRCS map or other documented
evidence. "
{ No -?0
Yes = 3
- Man-made anches are not rates; see aiscussions in manual
rte:
R t-tvrirnlnnv lGuhfntal. ?. .?1 1 S

14. Groundwater flow/discharge 0 1 2 3
15. Water in channel and > 48 hrs since rain, or
Water in channel - d or growing season 0 1 2 3
16. Leaflitter 1.5 0.5 0
17. Sediment on plants or debris 0 0. 1 1.5
18. Organic debris lines or piles (Wrack lines) 0 1 1.5
19. Hydric soils (redoximorphic features) present? No = 0 Yes =
C. Bioloav (Subtotal = 1
20 . Fibrous roots in channel 2 1 0
21D. Rooted plants in channel 2 1 0
22. Crayfish 0 0.5 1 1.5
23. Bivalves 1 2 3
24. Fish 0.5 1 1.5
25. Amphibians 0.5 1 1.5
26. Macrobenthos (note diversity and abundance) 0 0.5 1 1.5
27. Filamentous algae; periphyton 1 2 3
28. Iron oxidizing bacteria/fungus. 0 0.5 1 1.5
29 . Wetland plants in streambed FAC = 0.5; FACW = 0.75; OBL = 1.5 SAV = 2. Other -
items zu ano zi focus on the presence of upland plants, item 29 focuses on the presence of aquatic or wetland plantt.-____i
Sketch:
Notes: (use back side of this form for additional notes.)