20111122 Ver 1_Buffer Determination_20120103

Affill
MCDEWR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild P E Dee Freeman
Governor Director Secretary
January 3 2012
DWQ Project # 2011 1122
Wake County
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
#7003 2260 0005 5380 8818
Ray Carey
1803 Chester Road
Raleigh NC 27608
Subject Property 1803 Chester Rd, Raleigh, NC
UT to Southeast Prong Beaverdam Creek
On Site Determination for Applicability to the Neuse River Riparian Area Protection Rules (15A NCAC
02B 0233) Appeal
Dear Mr and Mrs Ray Carey
On December 20 2011 at the request of Matt Roberts Katie Merritt and Periann Russell from the
Division of Water Quality (DWQ) conducted an on site determination to review a stream feature located
on the subject property for applicability to the Neuse Buffer Rules (15A NCAC 02B 0233) The feature
is labeled as A on the attached map initialed by me on December 29 2011 Staff from the DWQ
Raleigh Regional Office (RRO) had previously conducted an on site determination of this stream on
January 26 2005 A letter dated November 17 2011 was sent by your acting agent Matt Roberts to
Karen Higgins with DWQ This letter requested that DWQ perform a determination of the stream feature
on the subject property The previous owner of this property failed to properly notify you about the
stream determination that was made on January 26 2005 Therefore DWQ determined to reevaluate the
stream as an appeal to the previous stream determination and determine if it is still at least intermittent
At Mr Robert s request Ms Merritt and Ms Russell conducted an appeal of the stream determination
made by the RRO as stated above During the review they evaluated the stream using the NCDWQ
Stream Identification Form Version 4 11 They evaluated the stream reach labeled as A on the attached
map and calculated the score to be 26 5 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 "A" on the attached map is at least
"intermittent and is subject to the Neuse Buffer Rule throughout the subject property (15A
NCAC 02B 0233)
This determination shall replace the determination originally performed by the Raleigh Regional --
Office and shall expire five years from the date of this letter
Wetlands Buffers Stormwater Compliance and Permitting Unit (WeBSCaPe) One
1650 Mail Service Center Raleigh North Carolina 27699 1650 NorthCal ollna
Phone [phone] FAX 919 807 b494
Internet http /!portal ncdenr org /weblwq /ws ?jr�9 yrall
An Equal Opportunity 1 Affirmative Action Employer d36bb6 66 e/N

Mr & Mrs Ray Carey
Page 2 of 2
January 3 2012
You can contest the Director s decision as provided in Articles 3 and 4 of G S 150B To contest the
Directors 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 OOpm 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 Katie Merritt at
[phone] This determination is subject to review as provided in Articles 3 & 4 of G S 150B
Sincerely
Charles Wakild E
C W/kah /kym
Enclosures Wake County GIS Map and NC DWQ Stream ID form Version 4 11
cc Danny Smith DWQ Raleigh Regional Office
File Copy
Filename 111122 1803 Chester Rd (Wake) appeal doe

C 20111122
AV' "nWn Ctrnam Manf,finatinn Fnrm Varcinn A 11
Date d� D
ProjectlSite
Latitude
Evaluator
,4 wW PLU
County (OaXz
Longitude
Total Points C
Streams at least intermittent ] (�
Stream Dete Ircle one)
Ephemeral Intermitte Perennial
Other
e g Quad Name
if > 19 or perennial if a 30 Ut
0
1
w
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
AT
3
3 in channel structure ex riffle pool step pool
ripple pool sequence
0
1
(9)
3
4 Particle size of stream substrate
0
1
2
15
5 Active/relict floodplain
No(F)
1
2
3
6 Depositional bars or benches
0
1
2
1
7 Recent alluvial deposits
0
1
2
3
8 Headcuts
1 5
1
2
3
9 Grade control
0
05
1
1 5
10 Natural valley
0
05
1
1 5
11 Second or greater order channel
No - 0
Yes = 3
° artificial ditches are not rated see dissc��ns in manual
Q W Arninnv /C hfnf�i = 1
12 Presence of Baseflow
0
1�
2
3
13 Iron oxidizing bacteria
0
1
2
3
14 Leaf litter
15
1
05
0
15 Sediment on plants or debris
0
5
1
1 5
16 Organic debris lines or piles
0
05
1
15
17 Soil based evidence of hig water table?
No(F)
Ye =
C Blolo Subtotal = k'
18 Fibrous roots in streambed
2
1
0
19 Rooted upland plants in streambed
3
2
1
0
20 Macrobenthos (note diversity and abundance)
CO)
1
2
3
21 Aquatic Mollusks
1
2
3
22 Fish
05
1
15
23 Crayfish
05
1
15
24 Amphibians
05
1
1 5
25 Algae
0
05
1
1 5
26 Wetland plants in streambed
FACW = 0 75 OBL = 1 5 Other = 0
perennial streams may also be identified using other methods Seep 35 of manual
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