20110721 Ver 1_Buffer Determination_20110825

A
GAIF
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 25, 2011
DWQ Project#2011-0721
Wake County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Soil & Environmental Consultants
Attn: Mr. Steven Ball
11010 Raven Ridge Road
Raleigh,NC 27614
Subject Property: Poyner Property
On-Site Determination for Applicability to the Neuse River Riparian Area Protection Rules (15A NCAC 2B
.0233)-Appeal Call
Dear Mr. Ball:
On August 22,2011, at your request, Amy Chapman and Katie Merritt of the Division of Water Quality
(DWQ)conducted an on-site determination to review Feature B located on the subject property for
applicability to the Neuse Buffer Rules(15A NCAC 2B .0233). The feature is labeled as"B"on the
attached map initialed by Amy Chapman on August 22, 2011. Division of Water Quality(DWQ) Staff
from the Raleigh Regional Office(Steve Mitchell)had previously conducted an on-site determination of
the stream. In your letter to the Director dated August 1, 2011,you requested an appeal of their
determination as provided within 15A NCAC 02B .0233(3)(a).
At your request, Amy Chapman and Katie Merritt conducted an appeal of their determination as stated
above. During our review we evaluated the stream using the DWQ Stream Classification Form version
4.11. We evaluated the stream reach above the power line on the property and calculated the score to be
17 points. The form states that if the score is"greater than or equal to 19 points the stream is at least
intermittent".
The DWQ has determined that the stream labeled as `B"on the attached map is at least
"intermittent"below the power line and is subject to the Neuse Buffer Rule at the Soil&
Environmental Consultants flag labeled"SO2".
This determination shall replace the determination originally performed by the Regional Office and
shall expire five years from the date of this letter.
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
ail rah I aril 1i 1 i c � I� n i�ilidl, �; �G:,
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S&EC
Page 2 of 2
August 25,2011
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.
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], Fax: [phone]
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 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.
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,
�Coleen H. Sullins
CHS/kah/asc
Enclosures: Raleigh East USGS Quad Map
DWQ Stream ID Form 4.11
cc: Lauren Witherspoon, DWQ Raleigh Regional Office
Katie Merritt, WeBSCaPe
File Copy
Filename: 110721 PoynerProperty(Wake)NBR_AppeaI

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Project No.
3335-Wi USG5 Quadrangle Map
Project Mgr.: Foyner Village Soil & EnviroDimental Consultallis, PA
515 CIP Con5truction 11010 Raven Ridge Rd.-Raleigh,NC 27614
[phone] [phone]
Scale: Wake CD, NC Web Page mp.,itliv Sand EC,c.,om
2,000'
Raleigh East Qu3cl
7/1 1/1 1
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,INC DWQ Stream Identification Form Version 4.11
Date: Project/Site: Latitude:
EvaluatorC �/(�(\�,{(` , t } County: Longitude:
Total Points: ( � Stream Determination (circle one) Other
Stream is at least intermittent Ephemeral Intermittent Perennial e.g. Quad Name:
if>_ 19 or erennial if>-30'
t
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
3. In-channel structure:ex. riffle-pool, step-pool, 0 1 2 3
ripple-pool sequence
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. Recert alluvial deposits 0 t 1 2 3
2 3
8. Headcuts 0) 1
9. Grade control 0,) 0.5 1 1.5
10. NatLral valley 0 0.5 1 1.5
11. Second or greater order channel No=0 Yes-3
a artificial ditches are not rated;see discussions in manual
B. H crolo (Subtotal = )
12. Presence of Baseflow 0 1 2 ;s=--
3
13. Iron oxidizing bacteria 0 1 23
14. Leaf litter 1.5 1 0.50
15. sediment on plants or debris 0 0.5 11.5
16. Org3nic debris lines or piles 0 0.5 11.5
17. soil based evidence of high water table? No=0
C. Biclogy (Subtotal = )
18. Fibrous roots in streambed 2 1 0
19. Rocted upland plants in streambed t~3 2 1 0
20. fAacrobenthos(note diversity and abundance) 0.r 1 2 3
21. Aquatic Mollusks 0) 1 2 3
22. Fish 00 0.5 1 1.5
23. Crayfish _0 0.5 1 1.5
24. Arrohibians 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
*pereniial streams may also be identified using other methods.See p.35 of manual.
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