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HomeMy WebLinkAbout20201799 Ver 1_Stream Determination_20210318 August 31, 2020 Mack Baker 808 Church Street Morrisville, NC 27650 RE: Stream Origin Determination Project: 0 Church St Site Address: 0 Church Street Wake County PIN # 0746809787 TOM#: DETER-20-0006 Dear Mr. Baker: On Wednesday, August 26, 2020 , the Town of Morrisville conducted an on-site investigation to review the potential streams located on the subject property for applicability to the Town of Morrisville Unified Development Ordinance (UDO), Section 6: Riparian Buf fers. The streams are labeled as “Feature A”, “Feature B”, “Feature C”, and “Feature D” on the attached USGS and USDA Soils map. Staff certified to determine stream origin points per the North Carolina Department of Environment Quality (NC DEQ) Division of Water Quality (DWQ) Surface Water Identification Training and Certification (SWITC) observed the features in question. The Town of Morrisville has determined that the streams labeled as “Feature A” and “Feature C” on the attached map are at least intermittent, and are subject to the 50’ Buffer Rule and that the streams labeled as “Feature B” and “Feature D” on the attached map are not at least intermittent, and are not subject to the 50’ Buffer Rule. Feature Not Subject Subject Start@ Stop@ Soil Survey USGS Topo Feature A -- X S01 & S02 -- X X Feature B X Marker 40 Marker 36 X X Feature C -- X Culvert @ property line -- X -- Feature D X 100’ from property line -- X X 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. Featur es 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 j urisdictional according to the US Army Corps of Engineers and/or to the Division of Water Resources. 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 DWR or Delegated Local Authority may request a determination by the Director. An appeal request mu st be made within sixty (60) days of 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 the Director shall be referred to the Director in writing to the DWR 401 & Buffer Permitting Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650. If you dispute the Director’s determination you may file a petition for an administrative hearing. You must file the petition with the Office of Administrativ e Hearings within sixty (60) days of the receipt of this notice of decision. 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 Mo nday through Friday between the hours of 8:00 am and 5:00 pm, except for official state holidays. To request a hearing, send the original and one (1) copy of the petition to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 276 99- 6714. The petition may also be faxed to the attention of the Office of Administrative Hearings at (919) 733-3478, provided the original and one (1) copy of the document is received by the Office of Administrative Hearings within five (5) days following the date of the fax transmission. A copy of the petition must also be served to the Department of Natural Resources, c/o Mary Penny Thompson, General Counsel, 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) days. The owner/future owners should notify the Division of Water Resources (including any other Local, State, and Federal Agencies) of this decision concerning any future corresp ondences regarding the subject property (stated above). This project may require a Section 404/401 Permit for the proposed activity. Any inquiries should be directed to the Division of Water Resources (Central Office) at (919)-807-6301, and the US Army Corp of Engineers (Raleigh Regulatory Field Office) at (919)-554-4884. Respectfully, Ben Mills, PE Stormwater Engineering Manager Attachment(s) cc: Church St0 Church StreetStream Origin Determination PIN(s):0746809787, 0746901329, 0746803426, 0746803273, 0746802190, 0746800096 Wake C ounty Soil S urvey USGS Map [1 inch = 636 feet 1 inch = 624 feet Feature A Feature B Feature C Feature D Feature A Feature B Feature D NC DWQ Stream Identification Form Version 4.11 Date: Project/Site: O Latitude:3� Evaluator: w County:\A Longitude:, Total Points: U Stream is at least intermittent 36 LS Stream Determination (cir e) Other if >_ 19 or perennial if >_ 30` Ephemeral Intermittent rennin e.g. Quad Name: A. Geomorphology (Subtotal = ) Absent Weak Moderate Stron g la - Continuity of channel bed and bank 0 1 2 3 2. Sinuosity of channel along thalweg 0 1 2 3. In -channel structure: ex. riffle -pool, step -pool, ripple -pool sequence 0 1 2 3 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. Recent alluvial deposits 0 2 3 8. Headcuts 0 1 2 3 9. Grade control 0 0.5 1 1.5 10. Natural valley 0 Q0 --il 1 1.5 11. Second or greater order channel No ro Yes = 3 a artificial ditches are not rated; see discussions in manual B. Hydrology (Subtotal = __$, < ) 12. Presence of Baseflow 0 1 2 3 13. Iron oxidizing bacteria 1 2 3 14. Leaf litter 1.5 1 0.5 0 15. Sediment on plants or debris 0 0.5 1 1.5 16. Organic debris lines or piles 0 1 1.5 7. Soil -based evidence of high water table? No = 0 Yes = 3 C. Biology (Subtotal = I t_1-S ) 18. Fibrous roots in streambed 3 2 1 0 19. Rooted upland plants in streambed 2 1 0 20. Macrobenthos (note diversity and abundance) 0 1 2 3 21. Aquatic Mollusks 0 1 2 3 22. Fish 0 0.5 1 0.5 23. Crayfish 0 0.5 1 1.5 24. Amphibians 0 0.5 1 1.5 25. Algae 0.5 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. See p. 35 of manual. Notes: u, , Sf+- in r+ 5 f a Sketch: CLakv_V C NC DWQ Stream Identification Form Version 4.11 1471 11 Date: *'I l� Project/Site: Latitude: , &_V Evaluator: n yt . , _ County: - Longitude: --4c6 N ST-. Total Points: Stream is at least intermittent if >_ >_ Stream Determination (circle one) heme l Intermittent Perennial Other e. Quad Name: 9 19 or perennial if 30* A. Geomorphology (Subtotal = `1 ) Absent Weak Moderate Strong la. 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, ripple -pool sequence 1 2 3 4. Particle size of stream substrate (_01 1 2 3 5. Active/relict floodplain 1 2 3 6. Depositional bars or benches 0 1 2 3 7. Recent alluvial deposits 1 2 3 8. Headcuts 1 2 3 9. Grade control 0 0.5 1 1.5 10. Natural valley 0 0.5 1 1.5 11. Second or greater order channel o = Yes = 3 artiticial ditthes are not rated; see discussions in manual B. Hydrology (Subtotal = 0; ) 12. Presence of Baseflow 0 1 2 3 13. Iron oxidizing bacteria 0 . 1 2 3 14. Leaf litter 1.5 1 0.5 0 15. Sediment on plants or debris 0 .5 1 1.5 6. Organic debris lines or piles 0 0.5 1 1.5 rA 7. Soil -based evidence of high water table? o = 0 Yes = 3 C. Biology (Subtotal = l ) 18. Fibrous roots in streambed 2 1 0 19. Rooted upland plants in streambed 3 2 1 0 20. Macrobenthos (note diversity and abundance) 0 1 2 3 21. Aquatic Mollusks 0 1 2 3 22. Fish 0.5 1 1.5 23. Crayfish 0.5 1 1.5 24. Amphibians 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 O er= *perennial streams may also be identified using other methods. See p. 35 of manual. Notes: Sketch: F{ t 173 NC DWQ Stream Identification Form Version 4.11 C Date: !' U Project/Site: G Latitude:' g3 G� (� �(� Evaluator: 6YL County: IN Longitude: g.slxo 0:3 Total Points: 0Stream Stream is at least intermittent Det circle one) Other if >_ 19 or perennial if a 30` E hemeral ermittent Perennial P e. Quad Name: 9 A. Geomorphology (Subtotal = ) Absent Weak Moderate Strong 1`Continuity of channel bed and bank 0 2 3 2. Sinuosity of channel along thalweg 0 1 3 3. In -channel structure: ex. riffle -pool, step -pool, ripple -pool sequence 0 1 2 3 4. Particle size of stream substrate 0 2 3 5. Active/relict floodplain 0 1 2 3 6. Depositional bars or benches 0 1 2 3 7. Recent alluvial deposits 0 1 2 3 8. Headcuts 0 1 2 3 9. Grade control 0 5 1 1.5 10. Natural valley 0 0. 1 1.5 11. Second or greater order channel o =q Yes = 3 a artificial ditches are not rated; see discussions in manual B. Hydrology (Subtotal = -J.S ) 12. Presence of Baseflow 0 1 2 3 13. Iron oxidizing bacteria 0 1 2 3 14. Leaf litter 1.5 1 0.5 0 15. Sediment on plants or debris 0 .5 1 1.5 16. Organic debris lines or piles 0 0.5 1.5 17. Soil -based evidence of high water table? No = 0 Yes = 3' C. Biology Subtotal = S S ) 18. Fibrous roots in streambed 3 2 1 0 19. Rooted upland plants in streambed 3 2 1 0 20. Macrobenthos (note diversity and abundance) 0 2 3 21. Aquatic Mollusks 0 2 3 22. Fish 0 0.5 1 1.5 23. Crayfish 0 0.5 1 1.5 24. Amphibians 1.5 25. Algae 657 1 1.5 26. Wetland plants in streambed FACW = 0.75; OBL = 1.5 ther = *perennial streams may also be identified using other methods. See p. 35 of manual. Notes: i d Sketch: �� �{- ' G NC DWQ Stream Identification Form Version 4.11 Date: 2JJ 12o Project/Site: � all'_V LIn Latitude: 'JG. <61-t 6 Evaluator: - County: Longitude: Total Points: is at least intermittent Stream19 Stream Determination (circle one) a r,�sral Intermittent Perennial Other e.g. Quad Name: if _ or perennial if = 30' 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, ripple -pool sequence 1 2 3 4. Particle size of stream substrate 0 1 2 3 5. Active/relict floodplain 1 3 6. Depositional bars or benches 0 1 2 3 7. Recent alluvial deposits 0 1 2 3 8. Headcuts 0 1 2 3 9. Grade control 1 1.5 10. Natural valley 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. Hydrology (Subtotal = - ) 12. Presence of Baseflow 0 1 2 3 13, Iron oxidizing bacteria 0) 1 2 3 14. Leaf litter 1 0.5 0 15. Sediment on plants or debris 0 0.5 1 .5 16. Organic debris lines or piles 0 0.5 1 1.5 J. Soil -based evidence of high water table? No = 0 Its = 3 C. Biology (Subtotal = 'T. S ) _ �-' 18. Fibrous roots in streambed 3 1 0 19. Rooted upland plants in streambed 3 2 0 20. Macrobenthos (note diversity and abundance) 0 1 3 21. Aquatic Mollusks 0 1 2 3 22. Fish 0.5 1 1.5 23. Crayfish 0.5 1 1.5 24. Amphibians 0 0.5 1 1.5 25. Algae 0 0.5 1 1 1 1.5 26. Wetland plants in streambed FACW = 0.75; OBL *perennial streams may also be identified using other methods. See p. 35 of manual. Notes: crau1- d le Sketch: �t A.�wv t b