Loading...
HomeMy WebLinkAbout20201321 Ver 1_18-Stream Determination_20210119ENGINEERING AND ENVIRONMENTAL SERVICES Storm water Division �' • 200 E. Main Street, 51h Floor, Durham, NC 27701 Telephone (919) 560-0739 Fax (919) 560-0740 January 13, 2021 Melissa Verdery 5 Laboratory Drive Ste. 3200 Research Triangle Park, NC 27709 SD-2003; 10 Davis Drive Stream Delineation Request Ms. Verdery, Durham County Stormwater Division has completed the requested stream and buffer determination for the 10 Davis Drive Property located in Durham, NC. Durham County staff were tasked with evaluating features that may be considered subject to Riparian Buffers pursuant to the Durham County Unified Development Ordinance (Section 8.5 Riparian Buffer Protection Standards). Our findings indicate that mapped stream feature S1 is subject to a 50-foot buffer pursuant to the Durham County stream buffer protection standards. It is our professional opinion that S1 does meet the criteria for a buffered stream. Please contact me or Ryan Eaves if you have any questions or comments. Sincerely, Durham County Stormwater Division M cKe*l� Mye-v's- McKenzie Myers Stormwater Manager Purpose The purpose of this evaluation is to provide information for use in making decisions on the applicability of stream buffer protection standards for the 10 Davis Drive site. Stream buffer protection standards have been adopted by Durham County to protect and maintain existing riparian areas. Under Section 8.5 of the Durham City -County Unified Development Ordinance (Stream Buffer Protection Standards), for proposed developments outside of the Neuse River Basin, no proposed developments shall be approved which are within a minimum of the first 50 feet adjacent to a waterbody shown on the most recent United States Geologic Survey (USGS) 7.5-minute quadrangle topographic map (topo map) and/or the U.S. Department of Agriculture (USDA) Soil Survey of Durham County (county soil survey) applicable to the proposed site. This buffer may be increased according to Section 8.7 of this Ordinance if a proposed site falls within any of the established Watershed Overlay Districts. In order to properly apply the appropriate stream buffers, the County of Durham will review waterbodies depicted on the USGS topographic map or the county soil survey that an applicant does not believe are intermittent or perennial streams, or ponds or lakes that are manmade and are located outside of natural drainageways. This evaluation is a review of the 10 Davis Drive Property, which is in Durham County and the Cape Fear River Basin. One intermittent stream channel is depicted on the county Soil Survey and/or the USGS topographic map and were evaluated on the site for the applicability of stream buffer protection standards. For these types of evaluations, only personnel that have completed the N.C. Division of Environment and Natural Resources (NCDENR) Surface Water Identification Training and Certification Course (or an approved equivalent) and who have passed both the written and field exams for the course can perform a stream and surface water determination. These evaluators must also have completed the most current refresher course if a new method has been approved since the original Surface Water Identification Training Certification was obtained. If information gathered by these personnel determines that the drainage feature or depicted surface water is not subject to the buffer protection standards, and is subsequently approved by the NCDWR, then the proposed development may encroach within the first 50 feet adjacent to the waterbody depicted on the soil survey and/or the USGS topographic map. Project Description The 10 Davis Drive Property is located at 10 Davis Drive Research Triangle Park NC, 27709. The project site is approximately 19 acres in size. Methodology Durham County Stormwater Division was tasked with evaluating one drainage feature within the property boundary for the applicability of stream buffer protection standards. Durham County Stormwater Division's evaluation consisted of a review of applicable mapping and a field investigation. Mapping resources reviewed included the most recent Southeast Durham, NC, USGS 7.5- minute topographic quadrangle (1981) and the published Soil Survey of Durham County, North Carolina (1976). Project boundary data was overlaid on USGS topographic base and the county soil survey (Figures 1 and 2 in Appendix A) to confirm the depicted location and extent of the drainage features on the property. The results of this review are intended to determine the maximum extent of potential streams that may be considered subject to stream buffer protection standards. Durham County Stormwater Division conducted the field review on January 5, 2021. During the field determination, the feature in question was evaluated to determine if it met the criteria to be considered at least an intermittent stream or surface water. The features identified on either the USGS topo map and/or the county soil survey were walked and assessed following guidelines developed by the N.C. Division of Water Resources (NCDWR) for determining the uppermost point of intermittent streams. Representative photographs were taken of S1 and are included in Appendix B. The NCDWQ Stream Identification Form (Version 4.11) served as the basis for determining the origin point (if applicable) and the classification of the drainage features on the property. Using this form, the features were evaluated based on three characteristics: (1) geomorphology, (2) hydrology, and (3) biology. The identification of stream type was accomplished by evaluating 26 different attributes of each feature and assigning a numeric score to each attribute. These attributes are defined in the NCDWQ Identification Methods for the Origins of Intermittent and Perennial Streams (Version 4.11). Using this form, streams are determined to be ephemeral, intermittent, or perennial. According to these methods, a stream segment that scores between 0 and <19 may be considered an ephemeral stream, a stream segment that scores between >19 and <30 may be considered an intermittent stream, and a stream segment that scores >30 may be considered a perennial stream. The stream forms that were completed for the drainage features reviewed by Durham County Stormwater are included in Appendix C. Qualifications The key team member involved in this evaluation was McKenzie Myers. Ms. Myers is the Stormwater Manager with a Bachelors degree in Civil and Environmental Engineering from Villanova University. Ms. Myers has 13 years of professional experience and has completed the "Stream and Surface Water Identification for Riparian Buffer Rule Applications in North Carolina" class administered by NCDWR. USGS and NRCS Stream Mapping The USGS topographic map (Figure 2) does not depict the drainage feature located within this project study area. The Soil Survey of Durham County, North Carolina (Figure 3) does depict one drainage feature, as potentially occurring inside the project study area. Results The drainage features were evaluated to determine the applicability of the Durham City -County stream buffer protection standards. The approximate location of the evaluated feature is depicted on Figure 1 in Appendix A. This feature is labeled as S1. The following table includes the rating on the NCDWQ Stream Identification Form (Version 4.11) for the reviewed drainage features and their classifications. The Stream Identification forms are included in Appendix C. Feature # NCDWQ Rating Classification S1 26.75 Intermittent S1 is depicted as an intermittent stream on the county soil survey and is depicted on the USGS topographical map. S1, located at 35.898099,-78.864530 and occurring inside the study area, scored 26.75 on the NCDWQ Stream Identification Form. Therefore, the portion of inside the study area of approximately 200 linear feet is being considered a buffered, intermittent stream feature based on current NCDWR Standards. Summary Based on the Durham City -County Unified Development Ordinance, S1 will be subject to the Durham County stream buffer protection standards. Stream S1 received a high enough score to be considered an intermittent channel after the headcut located at 35.898099,-78.864530 and is subject to a riparian buffer. Please contact our office if you have questions regarding this evaluation. Appeals This on -site determination shall expire five (5) years from the date of determination in this letter. Per 15A NCAC 02B .0267, any disputes over on -site determinations shall be referred to the Director in writing. A determination of the Director as to the accuracy or application of the maps is subject to review as provided in Articles 3 and 4 of G.S. 150B. An appeal request must be made within sixty (60) calendar days of the date of this letter or from the date the affected party (including downstream and/or adjacent owners) is notified of this letter. A request for a determination by DWR shall be referred to them in writing c/o Karen Higgins, 401 and Buffer Permitting Section, 1617 Mail Service Center, Raleigh, NC 27699-1617. One copy of the request for a determination shall also be filed with Durham County Stormwater Manager, 201 E. Main Street, Suite 561, Durham, NC 27701. DWR's determination can be contested as provided in Articles 3 and 4 of General Statute150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH). A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919)431-3000 for information. Within sixty (60) calendar days of receipt of DWR determination, a petition must be filed with the OAH. A petition is considered filed when the original and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday through Friday between 8:OOam and S:OOpm, excluding official state holidays). The petition may be faxed to the OAH at (919)431-3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service: If sending via delivery service (UPS, Fed Ex, etc.): Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609-6285 One (1) copy of the petition must also be served to DEQ: William F. Lane, General Counsel Department of Environmental Quality 201 E. Main Street, 5th Floor, Durham, North Carolina 27701 (919) 560-0735 1 Fax (919) 560-0740 1 dconc.gov Equal Employment/Affirmative Action Employer 1601 Mail Service Center Raleigh, NC 27699-1601 This determination is final and binding unless, as detailed above, you ask for a hearing or appeal within sixty (60) calendar days. The owner/future owners should notify the County (including any other Local, State, and Federal Agencies) of this decision concerning any future correspondences regarding the subject property (stated above).This project may require a Section 404/401 Permit for the proposed activity or other County of Durham permit(s). Any inquiries regarding section 404/401 permits should be directed to DWR (Central Office) at (919) 807-6300, and the USACE (Raleigh Regulatory Field Office) at (919) 554-4884. Sincerely, Durham County Stormwater Division M cKe*l� Mye4,-s- McKenzie Myers Stormwater Manager Appendix A Maps Figure 1: poet. Tt& wormum pl!! e7 is rb! for F' rp h and ht IM&ded For use arty be a Prot!looal Land S," prbr ho- nNpU ry reAeym Figure 2: 40 J rti• �5 lTb2i 4l:bE rlk Stream uSGs QuMrm7* Map service Stream Feature Location 10 Nvis Drive 0 250 500 Durham, NC 27709 mommK== Feet 3anuary taxi rner= The Ifform l w dert:ed on M* Mgme hi I.5r lnfwrlatlone! purposes an y aad yes rot pv DURHAM COUNTY Elea "pmei. This iiidrrktkO preset g ook iar re� relkelT and K IM&W$ed for vice Crib try 0 Pro(ursdooal Land 9wvey prior W rwyu1 rewkm Figure 3: N WSJ + :;c i � I 1 M i i S W 4 G u ti �1y kTbffumtbm* Stream Stream Feature Location 10 Davis dive 0 250 500 Durham, NC 27709 Feet January 21)21 ]ifflaMhl= The InRkft%Ykm dep on M Flgue bi MF Irdurff aHooat puposm [nty and ,es rot pFepared for, a117 It root. v-M M RR ftal or &OmNB" puposN. Thia WMffabW p iS fiat f r Fe0slti•K ledelr and K lnbef tl for tM Uty by a Rgkr Ao I Lad Sun" trbr h- nWObxy 1 Appendix B Site Photos Photo 1— Origin point at headcut. Photo 2 — Facing west from origin point. Photo 3 — Facing east towards wetland area. Photo 4 — Facing east from downstream property boundary. Appendix C Stream Identification Form & Certificate of Evaluator SIG Divislon of Water Qualily—Mothodalogy for Identification of Intermitlent and Perennial Streams and Their Origins v- 4-11 _ NC 1)W_Q Stream Iden(Mca1io11 Yur'rrl Vursitpik4-11 Dale,: — { _ f _ _ _ — — — ProJotUsite� I y L't i n Lal iludo: — It10il _ Evalualo' County: 1 L'.r114rM I Longilude: Total Points; iJr�a+n �s aP J�vsr mry•rrmp��-,� � � Strt a� 0Ctcrminaiion {circ le a na � Olhe r r, . . `, Ephemeral 1010tWIMMI C"etpriniel eg Qi+adlJerrC: 9 ere.• ryia� d x 30' A. Geom'orpholo�i (sumulal = _ 1 �I" Cunlinuity of channel bed and bank 2 31 nuos+ly of channel L9I4ng thahveg Absent Welk fNnder t9 Strong 1 g • 3 2 3 0 0 3 In -Channel stridure ex. rAne-pool, sCep-Pad, ripple -pool 3uence L4. Particle S12C of stream substrate 6 _5 Aerwelrehet fbodplam 4 4 1 2 3 2 r 3 G Deposdgnol pars or benches 7 Re enl albavibl depg�5il5 0 AJ 2 3_ _ G. Headculs 0 0 1 '6 — 1 3 1,5 9. Grade control 10. Natural lah? 0 0.5 1 7 — 9.$ 11. $eeond oe greilier order channel p = 0 _ Yes = _ " a•7irirr al ditches are not r9IPd. see discusEibrri in Marhml ~� $Iogy �Subtatal = � ,L�) 12. Presence of Baso0oC v 0 1 3 1q. Irpn oxidizing baClerri3 4 -- 1 2 ~ 3 deaf utler _ a Cn_ _ 1� t pn planlg qr s 1.5 t _ 0-5 0 t} q Q 1.5 1G. Organic debris Iiinea ar piles 1 1.5 17. Sad -based ewdenoe of high water iable? No = a yes t 3 C- Moog (Subtotal = 1$. F1br(m tools in 51reambed 3 2 1 f} 19. Romeo Wow pwn;s in glreamtred 3 20. Macrobanthps prole dwersiiy and alwWance 0 2 21- Amaue Mollusks 1 1 2 1 1.$ 22. Fish ' 0.5 23. Crayrish 0.5 1 1.5 2A. Arnphibiar,s 25. Algae 9 26 Wetland plants in surea+ )bud _ 'peremial RrE ems may also be idenliRed uikng other mkihads See p. 35 o1 manual. 0,5 1 1.5 0,5 1 1.5 FA�W s p,r5- OBL = 1.5 Other = 0 keich: 4S,t��C'a� r1>sr F,�wl•�#;clt-^ 41 r J {