20100586 Ver 2_Application_20110131

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Mitchell Environmental Consulting
1813 Lancaster Drive
Garner, North Carolina 27529
919-550-9055(h)
919-971-6598 (c) srmitchell51 @yahoo.com
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JAN 3
May 19, 2005
Ms Colleen Sullens
North Carolina DENR
Director: Division of Water Quality
C/O Mr. Ian McMillan
1650 Mail Service Center
401 Wetlands Unit
Raleigh, North Carolina
27699-1650
Subject: Alexander Property
Yeargan Road Tract
PIN #1711052372
NBRRO-08-051 and DWQ #2010-0586
Wake County, North Carolina
Dear Mr. McMillan:
DENR - WATER QUAUTy
VYEXMAND 3T0(iM 1R BRANCH
This letter is being directed to you in an attempt to resolve the dispute of an on-site determination
and avoid a contested case at the Office of Administrative Hearings. The property in question is
located on Yeargan Road near its intersection with NC Highway 70 in Garner. The PIN is
1711052372 and the land has been owned by Mr. Art Alexander and/or his family since August 20,
1930.
The original evaluation was conducted by Ms Lauren Witherspoon (NBRRO 08-051) and a second
opinion determination was conducted by Ms Amy Chapman (DWQ # 2010-0586). The result of
both stream determinations have placed a buffer along one feature that deprives Mr. Alexander of
considerable use of the property.
Enclosed for your consideration are:
(i) Copies of both site visits;
(ii) Copies of both my and Ms Chapman's Stream Identification
Forms;
(iii) Copy of an E Mail and USGS map indicating the "blue Line"
feature originates off of the subject parcel;
(iv) Copy of an E Mail from Ms Teresa Furr, Natural Resource
Conservationist for Wake County Soil and Water;
(v) Two (2) Wake County IMAPS indicating the topography and
"straightness" of the feature;
(vi) A Wake County Real Estate Assessment;
(vii) Map plats from the Raleigh City and Wake County Map site;
and
(viii) Two (2) photographs showing the spoil pile along the feature at
different locations.

Page Two
Alexander Letter
It is our contention that the feature determined to be subject to the Rule is a ditch. Spoil piles remain
along the majority of its length on the Alexander property and the topography does not indicate a
natural drainage way. If you remove the three (3) points scored for continuous bed an bank from Ms
Chapman's stream for, this feature scores 17.5 and is not subject to buffer protection. Additionally
my scoring sheet would be reduced to ephemeral at 18 points.
As per 15A NCAC 02B .0233(2)(c) a "ditch or canal" means a man-made channel other than a
modified natural stream constructed for drainage purposes that is typically dug through inter-stream
divide areas. A ditch or canal may have flows that are perennial, intermittent, or ephemeral and may
exhibit hydrological and biological characteristics similar to perennial or intermittent streams.
It is our contention that the "subject" feature is a ditch conveying stormwater through this property.
This is in part supported by the E Mails attached and the USGS Quad maps that indicate the
straightness of the feature and the compressed topography of its location.
The 1981 aerial shot from Raleigh And Wake County IMAPS clearly shows NO feature on the other
side of Yeargan Road. The aerial from 1999 indicates a straight line feature bisecting the property
and continuing to Yeargan Road. It is difficult to assess the presence of a feature on Mr.
Alexander's property due to the tree cover.
Please review the enclosed information and, if you deem it necessary, advise me of your earliest
opportunity to visit the site and evaluate this drainage feature. I can be reached at [phone] or
550-9055. Thank you in advance for your prompt consideration of this matter.
Sincer
Steve Mitchell
o Q f vd A r-E Michael F. Easley, Governor
William G. Ross Jr., Secretary
t ?6
Z r North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Gl Division of Water Quality
February 22, 2008
Art Alexander
NBRRQ 08-051
County: Wake
BASIN:
Neuse River Buffer Determination X Tar-Pamlico Buffer Determination
(15A NCAC 2B.0233) (I SA NCAC 2B .0259)
Project Name: Yeargan Road Site
Location./Directions: located east of the intersection of Yeargan Road and US 70 in Garner NC
Subject Stream: UT to Lake Benson
Date of Determination: 2/20/08
Feature(s) ' Not
Subject Subject Start ct 7i Stop r?'i,?a Stream
Form Pts. Soil
Survey USCS
Topo
A X Throughout:cnters X X
property at culvert at
Year an Road
B X Throughout: enters I X
property at culvert just

4 north of the powerline
easement
Explanation: The feature(s) listed above has or have been located on the Soil Survey of Wake County, North
Carolina or the most recent copy of the USGS Topographic map at a 1:24,000 scale. Each feature that is checked
"Not Subject" has been determined not to be a stream or is not present on the property. Features that are checked
"Subject" have been located on the property and possess characteristics that qualify it to be a stream. There may be
other streams located on your property that do not show up on the maps referenced above but, still may be
considered jurisdictional according to the US Army Carps of Engineers and/or to the Division of Water Quality.
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 DWQ or Delegated Local Authority that a surface water
exists and that it is subject to the buffer rule may request a determination by the Director. A request for a
determination by the Director shall be referred to the Director in writing c/o Cyndi Karoly, DWQ
Wetlands/401 Unit, 2321 Crabtree Blvd., Raleigh, NC 27604-2260. Individuals that dispute a determination
by the DWQ or Delegated Local Authority that "exempts" a surface water from the buffer rule [nay ask for
an ad judicatory hearing. You must act within 60 days of the date that you receive this letter. Applicants are
hereby notified that the 60-day statutory appeal time does not start until the affected party (including
downstream and adjacent landowners) is notified of this decision. DWQ recommends that the applicant
conduct this notification in order to be certain that third party appeals are made in a timely manner. To ask
North Carolina Divisional Water Quality Raleigh Regions! Office Surface Water Protection Phone [phone] Customer Service
intemet: h2o.enr.state.naus 1628 Mail Service Center Raleigh, NC 27699-1628 FAX [phone]
An Equal Opportunity/Affirmative Action Employer - 60% Recycled/l0% Post Consumer Paper
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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:l/portal.ncdenr.org/web/wq/ws
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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,
oleen H. Sullins
CHS/ijm/asc
Enclosures: USGS Topo
cc: Lauren Witherspoon, DWQ Raleigh Regional Office
File Copy
Filename: 1005 86YearganRdTract(W ake)NB R_Appeai
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DAM BK: K%7i7 M A. ALEXANDER. JR. a ELAM ALEXANDER ET AL
SURVEYED RY: MS EL L SCOTT a CO.
REVISED M. A. ALEXANDER, III E REBECCA14 M. ALEXANDER PROFESSIDNAL LAND
DATE: ZONED: CR TAX AV1P: PARCEL(S): PIN(S): 1711"09 05 2372 do 1711.09 05 5299 r
DATE: TOWNSHIP: ST NARYS COUNTY: WAKE SPATE OF NORTH CAROUNA. U.SA J09 NO : 10-09-03

Art Alexander
From: Steven G Strader <[e-mail]>
Sent: Friday, January 28, 2011 11:16 AM
To: Art Alexander
Subject: Blue line on 2002 Lake Wheeler map
Mr. Alexander,
As requested, I have reviewed the digital version of the 2002 Lake Wheeler NC 7.5' USGS quadrangle map in the
immediate area of the US 70 West and Yeargan Road intersection. A blue line depicting an intermittent stream indicates
a beginning point (origin) at approximately Lat 35.71265N and 78.63086W, a point south of the US 70 West and Yeargan
Road intersection. This point of origin is short of the parcel you identified as:
Real Estate ID: 0001081
PIN #: 1711052372
Location Address: 0 Yeargan Road
Property Description: L03 M A Alexander Sr. EST
Best Regards,
Steve
Steven G. Strader
USGS Geospatial Liaison for North Carolina
NSDI Partnership Office
3916 Sunset Ridge Road
Raleigh, North Carolina 27607
Phone: [phone]
FAX: [phone]
Email: sstrader(a-)usgs.gov
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NC Division of Water Quality -Methodology for Identification of Intermittent and
Perennial Streams and Their Origins v. 4.0
NC DWQ Stream Identification Form Version 4.0
Date: J? I Project/Site -7
Latitude:
Evaluator: I County: Longitude:
Total Points: Stream Determination (circle one) Other
Stream is at least intermittent Intermittent Perennial: e.g. Quad Name:
if? 19 oroerennial if>_ 30' !

A. Geomorphology (Subtotal = Absent Weak Moderate strong
1" Continuity of channel bed and bank 0 1 2
2. Sinuosity of channel along thalweg 0 ?t !! 2
3. In-channel structure: ex. riffle-pool, step-pool,

ripple-pool sequence
0
3
4. Particle size of stream substrate 0 1 11' ,2` 3
5. Active/relict floodplain (;) 1 2 f 3`
6. Depositional bars or benches ? ' 2 3
1 7. Recent alluvial deposits 2 3
8. Headcuts 2 3
9. Grade control '0 - ? 0 5 1 1.5
10. Natural valley 0 1.5
11. Second or areater order channel j ff o0 Yes = 3
- artificial ditches are not rated: see discussions in manual__,,
B. Hydrology (Subtotal = )
12. Presence of Baseflow - i l q 1 2 3
13. iron oxidizing bacteria 3
14. Leaf litter ( 1. 0.5
h 0
15. Sediment on plants or debris q 1 _- 0.5 Li-A '..,
?- 1.5
16. Organic debris lines or piles 0 i 0.5 i i r ? 1.5
i. aoii-Dasea eviaence of man water tablet j Nb 0 I Yes = 3 I
C. Biology (Subtotal
18. Fibrous roots in streambed 0
19. Rooted plants in streambed 2 [ ,! 0
120. Macrobenthos (note diversity and abundance) 0) 1
i 3

7F7--
21. Aquatic Mollusks
1
2
3 I
22. Fish 0.5 1 1.5
23. Cravfish j 0 0.5 j 1 1.5
24. Amphibians 0 « 0.5 1 1.5
25. Alaae ! 0 ' I 0.5 1 } . 1.5 j
1 zn. vveuana plants in streambea j SAG = U. b; FAGW = 0.75; OBL = 1.5 Other = 0 1
i `perennial streams may also be identified using other methods. See p. 34 of manual.
I Sketch:
f
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40
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) Lq
North Carolina Division of Water Quality ® Streams Identification Form; Version 3.1
Date: Project: C) Latitude:
Evaluator: `rte; w? Site: 1 Longitude:
Total Points: t der
Stream is at least intermittent County: ?4 0 e.g. Quad Name: l
if z 13 or erennial if Z 30
A. Geomorphology {Subtotal = 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. Soli 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 (C-0) 1 2 3
8. Recent alluvial deposits 0 1 L2l 3
98 Natural levees 0 1 2 3
10. Headcuts 01 1 2 3
11. Grade controls b 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
evidences
No=0`g
J
Yes = 3
'Man-made ditches are not rated; see discussions in manual
Notes: (use back side of this form for additional notes.) Sketch:
to ??% 4 .?r
Art Alexander
From: Teresa. [e-mail]
Sent: Friday, January 28, 2011 12:32 PM
To: Art Alexander
Subject: Re: Lot information
Mr. Alexander,
This email is to follow-up on our conservation and meeting regarding the potential stream on Parcel # 1711052372
After looking at several old aerial photos and the topographic map I could not determine that a stream was present on
Parcel # 1711052372. We looked at aerial photographs for years 1965. 1971 and 1988. Based on those aerial photos I
could not tell that there was a stream present on parcel # 1711052372.
If you need anything else please let me know.
Thanks,
Teresa
Teresa Furr - Natural Resource Conservationist Wake Soil and Water Conservation District 4001-D Carya Drive Raleigh,
NC 27610
919-250-1056 - phone
919-250-1058-fax
[e-mail]
Note: My new email address is [e-mail]
From: Art Alexander <[e-mail]>
To: "Teresa Furr ([e-mail])" <[e-mail]>
Date: 01/28/201111:18 AM
Subject: Lot information
Real Estate ID: 0001081
PIN #: 1711052372
Location Address: 0 Yeargan Road
Property Description: L03 M A Alexander Sr. EST
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Home Wake County Real Estate Data iMaps
Assessment Notes Tax Bills
Real Estate ID 0001081 PIN # 1711052372
Account
Location Address Property Description Search
'WAKI-0 YEARGAN RD L03 M A ALEXANDER SR EST
COUNTY Pin/Parcel History Search Results New Search
Account Buildings ( Land I Deeds Notes 4 Sates I Photos I Tax Bill Map
01 Of 01
Date Line Notes
04-08-2009 1 boe consent
12-30-1999 1 IH-C/LV1GKW/12-30-99/LAND VALUE/RATE ERROR LAND COND OF N-40 =
12-30-1999 2 SIZE, WET AND CREEKS
04-06-1993 1 APPEAL WITHDRAWN-AGREED TO CONSENT VALUE ON 4-2-93 F931DC0
04-06-1993 2 WASTE=.23AC FOR CP&L EASEMENT
02-01-1993 1 APPEAL FORM MAILED 2-2-931PS
11-174989 1 DITCH ON PROP NOT PRATICAL FOR BLDG TILL FILLED IN
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