HomeMy WebLinkAbout20121063 Ver 1_More Info Received_20121129Kulz, Eric
From: Rob Maschue [rmaschue @bellsouth.net]
Sent: Thursday, November 29, 2012 11:19 AM
To: Kulz, Eric
Cc: Michael Molley; wathydro @gmail.com
Subject: RE: Stream Determination Appeal - 80 +/- Acre Parcel at Eubanks Rd and NC 87 - Orange
County, NC
Attachments: Stream Report Edge Chapel Hill w attach WatHydro 8- 31- 12.pdf
Dear Mr. Kulz:
Here's Dr. Gregory's Report the Town is questioning. They're trying to claim the entire reach of Tributary A /B /C/ and a
portion of the Main Channel are Intermittent. The individuals they sent out to perform their assessment do not have
the proper credentials to make such determinations, and their interpretation is a gross misrepresentation of the
methodology outlined in the Identification Methods for the Origins of Intermittent and Perennial Streams (NCDWQ
Version 3.1). We're standing behind Dr. Gregory's assessment of site hydrology, and need someone from your
department to meet onsite with our Survey Crew and Dr. Gregory, to come to an unbiased final consensus on the
correct classification of these systems. Please coordinate your site visit with Dr. Mike Molley, Senior Solutech
Environmental Scientist (1- 770 - 231 - 7492), and he'll make sure Dr. Gregory and our Survey Crew are onsite at that time.
Best regards,
Robert R. Maschue, P.G.
President
r�
Solutech
Environmental Consultants
5841 Corporate Way, Suite 102
West Palm Beach, F1 33407
(561)688 -2904
From: Kulz, Eric [mailto:eric.kulz @ncdenr.gov]
Sent: Thursday, November 29, 2012 10:13 AM
To: Rob Maschue
Subject: RE: Stream Determination Appeal - 80 +/- Acre Parcel at Eubanks Rd and NC 87 - Orange County, NC
Scheduling should not be a problem before the holidays as I am local. How many features are we talking about on the
site? Just the one that crosses diagonally from SE to NW?
Eric W. Kulz
Environmental Senior Specialist
N.C. Division of Water Quality
Wetlands, Buffers, Stormwater - Compliance & Permitting Unit
1650 MSC
Raleigh, NC 27699 -1650
Phone: (919) 807 -6476
E -mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be
disclosed to third parties
From: Rob Maschue [mailto:rmaschue @bellsouth.net]
Sent: Thursday, November 29, 2012 9:50 AM
To: Kulz, Eric
Cc: Michael Molley
Subject: RE: Stream Determination Appeal - 80 +/- Acre Parcel at Eubanks Rd and NC 87 - Orange County, NC
Eric
Dr. Molley will be contacting you to discuss this. Let him know if you need a copy of the report in question, and the
earliest you can be onsite. We would like to get this done before Christmas. Thanks.
Robert R. Maschue, P.G.
President
Solutech
Environmental Consubants
5841 Corporate Way, Suite 102
West Palm Beach, Fl 33407
(561)688 -2904
From: Kulz, Eric [mailto:eric.kulz@bncdenr.g_ov]
Sent: Wednesday, November 28, 2012 1:43 PM
To: mikemolley @hotmail.com
Cc: rmaschue @bellsouth.net
Subject: FW: Stream Determination Appeal - 80 +/- Acre Parcel at Eubanks Rd and NC 87 - Orange County, NC
My apologies, I typed in the wrong email to Dr. Molley.
Eric W. Kulz
Environmental Senior Specialist
N.C. Division of Water Quality
Wetlands, Buffers, Stormwater - Compliance & Permitting Unit
1650 MSC
Raleigh, NC 27699 -1650
Phone: (919) 807 -6476
E -mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be
disclosed to third parties
From: Kulz, Eric
Sent: Wednesday, November 28, 2012 1:28 PM
To: 'rmasch ue@bellsouth. net'; 'mikemolley @bellsouth.net'
Cc: Higgins, Karen
Subject: Stream Determination Appeal - 80 +/- Acre Parcel at Eubanks Rd and NC 87 - Orange County, NC
Mr. Maschue:
The Division of Water Quality has received a request for an appeal of a stream determination conducted by the Town of
Chapel Hill at the above - referenced property In accordance with 15A NCAC 02B 0267(5), Any disputes over on -site
determinations made by the designated Local Government shall be referred to the Director in writing
I have contacted you to schedule the appeal of the above - referenced stream determination In order to accurate
provide this appeal, please forward a property map or survey showing the disputed feature clearly
Also, I assume you will want to be present during the determination Please provide me with dates and times that you,
or your representatives, are available to meet at the site I will consult my calendar and find a mutually - agreeable date
and time
Please feel free to contact me if you have any questions or require additional information
Thanks)
Eric W Kulz
Environmental Senior Specialist
N C Division of Water Quality
Wetlands, Buffers, Stormwater - Compliance & Permitting Unit
1650 MSC
Raleigh, NC 27699 -1650
Phone (919) 807 -6476
E -mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be
disclosed to third parties
I;i wt
WATERSHED HYDROLOGY
CONSULTANTS
Advancing Watershed Management
Stream Assessment:
Eubanks Road Site of The Edge Chapel Hill, LLC
Report to:
Solutech Environmental Consultants
West Palm Beach, Florida
James D. Gregory, Ph.D., CPSS, PWS
Principal /Senior Scientist
Watershed Hydrology Consultants LLC
1114 Upper Reach Drive, Wilmington, NC 28409
August 31, 2012
Introduction
Watershed Hydrology Consultants LLC (WatHydro) conducted a map and field assessment
of the stream network on a proposed development site of The Edge Chapel Hill, LLC (project site)
located in northern Chapel Hill, NC The objective of the assessment was to determine the potential
presence of surface waters subject to 15A NCAC 02B 0.267 Jordan Water Supply Nutrient Strategy
Protection of Existing Riparian Buffers (Jordan Lake buffer rules) and the Code of Ordinances of the
Town of Chapel Hill, App A, Art. 5 18 Jordan Watershed Riparian Buffer Protection (Chapel Hill
Jordan buffer ordinance). Dr James D Gregory conducted the stream assessment and his
qualifications and experience are noted in attachments to this report
Methods
The project site of approximately 80 acres is located at the intersection of Interstate 40 and
NC 86 /Martin Luther King Jr Boulevard and is bounded by I -40 on the north, Eubanks Road on the
south, and a service road and a reach of Old Field Creek on the west (Figures 1 and 2) On the U S
Geological Survey (USGS) 1 24,000 scale topographic map (Chapel Hill Quadrangle, North Carolina,
7.5 Minute Series, 2010) is depicted one first order intermittent stream on the project site that
begins a short distance south of Eubanks Road, courses northwestward across the project site and
discharges to Old Field Creek (main stream) (Figure 3). On the soils map (top of Sheet Number 26)
of the Orange County Soil Survey (Dunn 1977), the main stream on the project site is depicted as a
second order intermittent stream with two short first order intermittent tributaries on the western
side of the main stream(Figure 4) Thus, the streams as depicted on the soils map represent the
potential surface waters that may be subject to the Jordan Lake buffer rules and the Chapel Hill
Jordan buffer ordinance.
The channels within the project site as depicted on the USGS topographic map and the soils
map were traversed and evaluated in accordance with the North Carolina Division of Water Quality
(NCDWQ) Methodology for Identification of Intermittent and Perennial Streams and Their Origins,
Version 4.11 (NCDWQ 2010) At Sites 2 and 3 as noted on Figure 4, the channel was evaluated and a
NCDWQ Stream Identification Form Version 4 11 was completed Copies of the stream
identification forms are included as attachments to this report. Distances noted in the channel
descriptions below were measured in approximately straight lines with a 100 in fiberglass tape
Results
Site 1
There is not an intermittent stream nor even a well - developed ephemeral channel in the
small valley noted as Site 1 on Figure 4 There is dispersed minor scouring of the forest floor
indicating that overland flow during high intensity rainfall events is predominantly dispersed flow
In the right center of the valley is a small, shallow and very old agricultural ditch that throughout
much of its length is nearly filled with soil, has a well developed forest floor and a partially
developed A horizon and has trees of 6 -8 inches dbh growing in the bottom of the channel Scouring
of the forest floor in one short section of the ditch is indicative of concentrated flow but most of the
length of the old ditch is undisturbed and does not transport concentrated flow
Site 2
There is not an intermittent stream but a moderately well - developed ephemeral
drainageway in the small valley noted as Site 2 on Figure 4 The point where dispersed flow
transitions to concentrated flow at the ephemeral channel origin is approximately 187 feet from the
main channel The reach downstream of the channel origin scored 16 0 points on the stream
identification form
Site 3
On the main stream, the regulatory origin is the ephemeral to intermittent transition (EI
point) at a large head cut located approximately 394 feet downstream of the outlet end of the
culvert under Eubanks Road That point was marked with labeled orange flagging The main stream
is intermittent or perennial in character between the EI and the western boundary of the project
site and thus is subject to the Jordan Lake buffer rules and the Chapel Hill Jordan buffer ordinance
throughout that channel segment The reach downstream of the EI (Site 3a) scored 25.0 points on
the stream identification form and the reach upstream of the El (Site 3b) scored 7,5 points on the
stream identification form. From the El upslope to a point approximately 95 feet downstream of the
outlet end of the Eubanks Road culvert, there are multiple, very small, shallow and discontinuous
ephemeral channels with strong evidence that overland stormflow is predominantly dispersed
flow A small ditch constructed when the Eubanks Road culvert was installed begins at the outlet
end of the culvert and terminates approximately 95 feet downslope. That ditch is not subject to the
Jordan Lake buffer rules and the Chapel Hill Jordan buffer ordinance
4' Legmd
pegennw
I;
4 G0,10
klo
`- a ' 1.... I Sri " ' '_ --' .: _�. � •��1��'.' `: � ^, a`
►;" ¢15 7 1, .� �' �ti.� .;,L,,r7, -;�, -_ �;•.
'•tA I, 1:5;`1 .`, � ;a;; -,^ � •_
Figure 1. Drawing of project site of The Edge Chapel Hill, LLC provided by Solutech Environmental
Consultants. Stream classifications are not the work of WatHydro. Scale of drawing unknown.
3
Figure 2. Aerial photo of project site of The Edge Chapel Hill, LLC. Excerpted from Mapquest 8- 31 -12.
Scale of excerpt unknown.
M
Figure 3. Topographic map of project site of The Edge Chapel Hill, LLC. Excerpt from USGS
Chapel Hill quadrangle, 7.5 minute series, 2010. Scale of excerpt unknown.
-Apts
t7' ! GeC ' ; ♦ ^r APC�:
y� —GeC
,Ta
Ci
a� 0 APC gpEl`
A
GeB
u
A pt _
HrC
GeC - Ge6'_
AR
0 0
pC _ HrG EFSB GAB,
/ 0 GqC
0 t "
Figure 4. Soils map of project site of The Edge Chapel Hill, LLC. Excerpt from Sheet
Number 26, Soil Survey of Orange County, North Carolina Scale of excerpt unknown.
Literature Cited
Dunn, James. 1977 Soil Survey of Orange County, North Carolina USDA Soil Conservation Service,
Raleigh, NC
NCDWQ 2010 Methodology for Identification of Intermittent and Perennial Streams and Their
Origins, Version 4 11 North Carolina Division of Water Quality, Raleigh, NC
61
ORANGE COUNTY, NORTH
CAROLINA
— SHEET NUMB
TaD G C
t
m
fi
it T-
� � �
X01 �L :✓to��
"
Y
GeC 00 eC
Hw8
c•�; Gee � eC �' °fib -
G0� ,� i ` � ,
''; , ;
o ate f� ' :�.
10 V
HrB i r
-Apts
t7' ! GeC ' ; ♦ ^r APC�:
y� —GeC
,Ta
Ci
a� 0 APC gpEl`
A
GeB
u
A pt _
HrC
GeC - Ge6'_
AR
0 0
pC _ HrG EFSB GAB,
/ 0 GqC
0 t "
Figure 4. Soils map of project site of The Edge Chapel Hill, LLC. Excerpt from Sheet
Number 26, Soil Survey of Orange County, North Carolina Scale of excerpt unknown.
Literature Cited
Dunn, James. 1977 Soil Survey of Orange County, North Carolina USDA Soil Conservation Service,
Raleigh, NC
NCDWQ 2010 Methodology for Identification of Intermittent and Perennial Streams and Their
Origins, Version 4 11 North Carolina Division of Water Quality, Raleigh, NC
61
NC Division of Water Quality - Methodology for Identification of Intermittent and
Perennial Streams and Their Origins v. 4.11
NC DWQ Stream Identification Form Version 4.11 QFot� s7� -fie,c, CitatAcl ttiyl/
Date 8 _ 3v — !2
Project/site Z
Latitude. 3 r q-711
Evaluator JQ4Pvje-5 (�, Gy.
County: 6j -4/'1 e,
Longitude.
Total Points:
Stream is at least intermittent
Stream Determination (circle one)
Other
Cf�,A,Q4
if a Igor perennial if 2 30` �lo • f7
hemera nn
intermittent Perennial
e g Quad Name.
A Geomorphology (Subtotal = /U.
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 nflle -pool, step -pool,
ripple-pool se uence
0
/►�
c�
2
3
4 Particle size of stream substrate
0
1
3
3
5 Active/relict floodplaln
0
o =
2
3
6 Deposibonal bars or benches
0
05
2
3
7 Recent alluvial deposits
0
CD
2
3
8 Headcuts
is
1
2
3
9 Grade control
0
05
26 Wetland plants In streambed
15
10 Natural valley
0
OD
1 15
Yes = 3
11 Second or grater order channel
o = 3D
artinco ancnes are not rates, see aiscussions in manual
R Hvdminnv (Suhtntal = 2.9- 1
12 Presence of Baseflow
3
1
2
3
13 Iron oxidizing bacteria
19 Rooted upland plants in streambed
1
2
3
14 Leaf litter
1.5
1
40
0
15 Sediment on plants or debris
0
05
21 Aquatic Mollusks
15
16 Organic debris lines or piles
0
05
3
15
17 Sod -based evidence of high water tables
05
o =
Yes = 3
G Hioloov (Subtotal = cl. U 1
18 Fibrous roots in streambed
3
2
1
19 Rooted upland plants in streambed
2
1
0
20 Macrobenthos (note dmrsmty and abundance)
40
1
2
3
21 Aquatic Mollusks
1
2
3
22 Fish
05
1
15
23 Crayfish
05
1
15
24 Amphibians
CD
05
1
is
25 Algae
05
1
1.5
26 Wetland plants In streambed
FACW = 0 75, OBL = 15
Other
*perennial streams ma also be mdentmfied using other methods See p 35 of manual
Notes ✓ D Q
e" Pte.
t
gym: Go
&j
t
stn
Sketch
41
NC Division of Water Quality — Methodology for Identification of Intermittent and
Perennial Streams and Their Oriains v. 4.11
NC DWO Stream Identification Form Version 4.11 776-_ FQgit_CAok0-J X11
Date 8 —3D —/�
Project/Site: 5� �G %3
Latitude. 5. —
Evaluator: q� � ��. o
County D I^a-it E.
Longitude. _ ?cy d to
Total Points:
Stream is at least intermittent
Stream Determination (circle one)
Other7s'
if>_ 19 or renal d> 30'
Ephemera ntermrtten erennial
e g Quad Name.
A. Geomorphology (Subtotal= 13. S
Absent
Weak
Moderate
Strong
1a Continuity of channel bed and bank
0
1
4V
3
2 Sinuosity of channel along thalweg
0
20 Macrobenthos (note diversity and abundance)
2
3
3 In- channel structure ex. nille -pool, step -pool,
ripple-pool s uence
0
Q
2
3
4 Particle size of stream substrate
0
1
CD
3
5 Acbve/relict floodplain
ep
1
2
3
6 Depositional bars or benches
0
im
2
3
7 Recent alluvial deposits
0
1
2
8 Headcuts
0
1
3
9 Grade control
0
05
26 Wetland plants in streambed
15
10 Natural valley
0
0
1
15
11 Second or greater order channel
No = 0
Yes = 3
e artificial ditches are not rated, see discussions in manual
B. Hydrology Subtotal = 6,r
12 Presence of Baseflow
0
1
2
3
13 Iron wodmng bacteria
dP
1
2
3
14 Leaf fitter
15
20 Macrobenthos (note diversity and abundance)
05
0
15 Sediment on plants or debris
0
0.5
1
16 Organic debris lines or piles
0
05
CD
15
17 Sod -based evidence of high water table?
No = 0
es =
C. Biology (Subtotal = 3d J
18 Fibrous roots in streambed
3
1Z
1
0
19 Rooted upland plants in streambed
2
1
0
20 Macrobenthos (note diversity and abundance)
1
2
3
21 Aquatic Mollusks
1
2
3
22. Fish
0.5
1
15
23 Crayfish
05
1
15
24 Amphibians
05
1
15
25 Algae
05
1
15
26 Wetland plants in streambed
FACW = 0 75, OBL = 1.5
Oth = 0
'perennial streams may also be identified using other methods See p 35 of manual
Notes
Sketch
41
NC Division of Water Quality - Methodology for Identification of Intermittent and
Perennial Streams and Their Origins v. 4.11
NC DWO Stream Identification Form Version 4.11 14ie4t V -fe - %lie, EAu-r- (mane/ fh //
Date g — 30 — 2
Project/Stte si � 36
Latitude: 3S—, 97/9
Evaluator J441 es Gr a h
County: 6h 4 0-1
Longitude: 7 , 6692
Total Points:
Stream is at least intermittent
5'
S am Determination (circle one)
ra ntennittent Perennial
Other
e g Quad Name: C:t�ci
d 2 19 or perennial if a 30' ,
2 Sinuosity of channel along thalweg
0
A Geomorphology Subtotal = 570 j
Absent
Weak
Moderate
Strong
18 Continuity of channel bed and bank
0
0
2
3
2 Sinuosity of channel along thalweg
0
Cy-
2
3
3 In- channel structure ex nffle -pool, step -pool,
n I I sequence
�l
6
1
2
3
4 Particle size of stream substrate
0
2
2
3
5 Active /relict floodplain
o =
1
2
3
6 Depositional bars or benches
co
1
2
3
7 Recent alluvial deposits
0
2
3
8 Headcuts
15
1
2
3
9 Grade control
0
4MO
1
1
15
1.5
10 Natural valley
0
C2V 1
11 Second or greater order channel
o = 0
Yes = 3
b artificial ditches are not rated, see discussions in manual
B Hydrology (Subtotal = /. 3 )
12 Presence of Baseflow
®
1
2
3
13 Iron oxidizing bacteria
19 Rooted upland plants in streambed
1
2
3
14 Leaf litter
15
1
a
0
15 Sediment on plants or debris
0
3
1
is
116 Organic debris lines or piles
0
2
1
1.5
17 Sod -based evidence of high water table?
o =
Yes = 3
C Bioloqy (Subtotal= 1 O _ )
18 Fibrous roots in streambed
3
2
<aD
0
19 Rooted upland plants in streambed
3
2
1
20 Matxobenthos (note diversity and abundance)
a
1
2
3
21 Aquatic Mollusks
1
2
3
22 Fish
05
1
Is
23 Crayfish
05
1
1.5
24 Amphibians
05
1
15
25 Algae
05
1
1 5
26 Wetland plants in streambed
FACW = 0 75, OBL = 15
Othe = 0
'perennial streams may also be identified using other methods See p 35 of pmnual
Notes.
h&NJ45 q CIJ.
t
Sketch
41
Ir
of WHIR -
�� Division of Water Quality
b Certificate of Training
o,t,t Lan,tina Department J ames A Gregory, Ph. D.
of Fm ironment and
Has successfully demonstrated capability and proficiency to determine the presence of surace
waters that require the application of rules adopted by the N.0 Environmental Management
\awral Res ��ur,_cc
Commission for the protection of riparian buffers as determined by 15A. NCAC 028.0200
I )i ision of Water huatity
Surface Watc!
fdentit.%�ahon Training '' Charles Wakild, P.E.
r Director, Division ut' Water Qualit%
July 25. 2012 100-00001
MCDENR Date Certiiiwtion Number
�� 19
fix,
41&
WATERSHED HYDROLOGY
CONSULTANTS
CURRICULUM VITAE SUMMARY
August, 2012
James Douglas Gregory
Ph D, CPSS, PWS
Principal /Senior Scientist
Watershed Hydrology Consultants LLC
1114 Upper Reach Drive, Wilmington, NC 28409 -2663
(919) 414 -0993 (M), wathydro @reagan corn
Professor Emeritus, Forestry, Watershed and Wetlands Hydrology
Department of Forestry and Environmental Resources
North Carolina State University, Box 8008, Raleigh, NC 27695 -8008
EDUCATION
B S , North Carolina State University, Forest Management 1965
M S , North Carolina State University, Soil Science 1968
Ph D , North Carolina State University, Forest Hydrology and Soils 1975
PROFESSIONAL EXPERIENCE
1968-1972 U S Army Captain, Rotary Wing Aviator, Maintenance Officer
1972-1992 U S Army National Guard, North Carolina Army National Guard Served in a series of staff
and command positions in National Guard aviation Terminal position — Lieutenant Colonel,
Plans and Operations Officer, HQ, State Area Command
1992 — present U S Army Reserve Colonel, Retired Reserve
1975— 1978 Assistant Professor of Forestry (Forest Soils), School of Forestry and Wildlife Resources,
Virginia Polytechnic Institute and State University, Blacksburg, Virginia (Virginia Tech)
1978 — present Assistant Professor of Forestry (Watershed and Wetlands Hydrology), 1978 — 1981,
Associate Professor of Forestry (1981 — 1996), Professor of Forestry (1996 — 2008),
Professor Emeritus, July 1, 2008 to present, Coordinator of Undergraduate programs, 1985 —
1989, Assistant Head for Undergraduate Programs, 1989 — 1995, Coordinator of N C State
Environmental Sciences and Natural Resources Programs, 1995 — 2005, Department of
Forestry and Environmental Resources, North Carolina State University, Raleigh, NC (N C
State)
2005 — present Principal, Watershed Hydrology Consultants LLC, Raleigh, NC
Professional Activities Below at N.C. State University Unless Otherwise Noted,
ACADEMIC EXPERIENCE
1 Key accomplishments
Led the Department undergraduate program during a 10 -year period of rapid change in the forestry
profession and improving /upgrading the Forest Management curriculum We conducted extensive
surveys of forest industry, U S Forest Service, and State forestry service personnel to determine the
knowledge and skills that entry level foresters needed and applied that data to revising and upgrading
the N C State Forest Management curriculum Served on two Society of American Foresters
academic program review teams that reviewed other university professional forestry programs
b Beginning at Virginia Tech and continued at N C State, developed an academic program in
watershed and wetlands hydrology with undergraduate and graduate curricula, undergraduate and
graduate courses, and a strong program of graduate student education Much effort on interaction
with colleagues in other colleges to develop and administer a broad -based program of graduate
education in water resources
c Graduate student mentoring — developed and implemented a new graduate program in watershed
hydrology that has been instrumental in providing professionals in agency and private sector
organizations At Virginia Tech and N C State, have graduated 37 Masters students, 8 Ph D
students, and served as an advisory committee member for approximately 80 graduate students
d Leader in the development of the Natural Resources and Environmental Sciences intercollege
curricula and the Environmental Science Watershed Hydrology Concentration
2 1980 — 1995 Advisor, N C State Forestry Club
1985 — 2008 Chair, N C State Water Resources Committee, manages the N C State Graduate Minor in
Waters Resources, deals with other issues related to graduate education in water resources
4 University Courses
a For about 10 years, taught this Department's primary introductory forestry courses, Introduction to
Forestry and Forest System Mapping and Mensuration I
b Undergraduate and graduate courses in Watershed and Wetlands Hydrology at Virginia Tech and
N C State — 33 years
c Graduate course in Wetland assessment, Delineation, and Regulation — 9 years
d Fire Management course for 3 years at Virginia Tech and 20 years at N C State
e Developed and taught for several years a new course in Natural Resources Measurements
5 Served as Administrator of the Undergraduate Program in the Department for 10 years
a Period of change in faculty (many retirements) and forestry undergraduate programs — significant
modernization and increased rigor of the Forest Management curriculum
b 1989 — 1990 With then department head, Art Cooper, I developed the original concepts of and
proposal for the Natural Resources Curriculum that later developed into an intercollege program with
three colleges participating
2
1990 — 1992 Served as the college representative on the N C State intercollege task forces that
developed the proposals for the Natural Resources (NR) and Environmental Science (ES) programs
and the core curricula for each program
d 1994 Served as the college representative on the Natural Resources Coordinating Committee and
the Environmental Sciences Coordinating Committee These committees developed and
implemented the structure for administering the NR and ES programs with a Coordinator and an
mtercollege committee for each program
1994 — 2008 Developed the proposal for the Department of Forestry curriculum in Environmental
Sciences, Watershed Hydrology (ESH), guided the proposal through the University review
procedures, and served as coordinator of the curriculum and advisor to all ESH students
6 Development and Administration of the N C State Master's Program in Natural Resources (MNR)
a 1993 — 2008 Served on the ad hoc committee that developed the proposal for the mtercollege
Master's Program in Natural Resources (MNR) in 1993 and served on the Administrative Committee
for the program after its establishment
b 1993 — 2008 Developed the Hydrology Concentration (NRH) for MNR and served as the
coordinator of the concentration and advisor of most of the MNR graduates
7 1999 — 2008 Developed a proposal for the Undergraduate Minor in Wetland Assessment and served as
the coordinator of the minor
EXTENSION AND OUTREACH EXPERIENCE
1 Key accomplishments
a Throughout my career, I have frequently visited various national forests, U S Forest Service
research locations, forest management and research locations of the wood products industry, and
other private forestry operations to keep up to date on current forest management practices and to
conduct technology transfer activities
b Because of recognition as the North Carolina expert on forest, watershed, and wetlands hydrology, I
have served on a variety of State level committees and task forces related to water resources issues
(see below)
c As a charter and long - serving member (1989 — 2010) of the N C Forest Practices Guidelines
Technical Advisory Committee established by the North Carolina Legislature in 1989, 1 have played
an important role in the development of forestry Best Management Practices (BMP) in North
Carolina and the drafting and publication of forestry BMP manuals in 1989 and 2007
d Have worked closely with the N C Division of Water Quality (NCDWQ) since 1998 on
development, testmg, and conducting training on the N C methods for field determination of the
origins of intermittent and perennial streams (see below)
e Have become a recognized expert on U S Environmental Protection Agency (EPA) and U S Army
Corps of Engineers (Corps) wetlands regulatory programs, particularly application of these
regulations to forestry, and regularly give invited presentations on these programs at conferences and
workshops Have taught 1 -3 times annually since 1996, a five -day workshop on the Corps wetland
delineation methods. Have served as an expert consultant to both private parties and the EPA and
Corps on wetlands regulatory cases.
2. Numerous Short Courses sponsored by the N.C. State University Forestry and Environmental Outreach
Program. These have included Wetlands Delineation, Stream Identification, Wetland Hydrology, Forest
Hydrology, Clean Water Act Section 404 Regulations, Riparian Zone Structure and Functions, Soil
Management for Wetland and Stream Mitigation, Forest Water Management, Forestry BMPs, Vegetation
Management, Forest Soils, Bottomland Hardwoods, Wetland Mitigation, and many others.
3. Technology Transfer through service on Statewide committees and task forces:
a. 1989 — 2010: Charter Member, N.C. Forest Practices Guidelines Technical Advisory Committee.
Have served as a key member of this committee since it was established by the N.C. legislature in
1989. This committee developed the N.C. Forestry BUT program, drafted the first BMP manual in
1989 and drafted a greatly expanded and updated BMP manual in 2007.
b. 1982 —1983: Member, Governor's Coastal Water Management Task Force; Member, N.C. Forestry
Association Task Force on Clean Water Act, Section 404(f) Regulations.
c. 1998 —1999: Technical Advisor, Neuse River Basin Riparian Buffer Rule Stakeholder's
Committee; Chair, NC Forestry Task Force, Neuse River Basin Riparian Buffer Rule.
d. 1998 — 2011: Co- Chair, N.C. Stream Technical Advisory Committee.
e. 2000 — 2010: Member, Technical Advisory Committee of the N.C. Sedimentation Control
Commission.
4. Development and implementation of the N.C. Division of Water Quality Identification Methods for
the Origin of Intermittent and Perennial Streams:
a. As Co -Chair of the N.C. Stream Technical Advisory Committee, I have worked closely with
personnel of the NCDWQ since 1998 in the development, testing, and implementation of the North
Carolina stream identification methods. Those methods were originally developed for
implementation of the Neuse River Basin Riparian Buffer Rules but have since been adopted for
application of all N.C. stream regulatory programs including basic Waters of the State
determinations. The stream identification methods have been adopted by several other States and are
being utilized by EPA and Corps field personnel to assist in making Waters of the United States
determinations.
http:// portal.ncdenr.org/web /wq /swp /ws /401 / waterresources /streamdeterminations
b. I have conducted cooperative research with NCDWQ to test various elements of the stream
identification methods and to learn more about the geologic, hydrologic, and biologic characteristics
and functions of headwaters streams.
c. I assisted NCDWQ in 2001 in the development of the 4 -day training and certification course on the
N.C. stream identification methods required by State law for personnel of NCDWQ, the N.C.
Division of Forest Resources and local governments who have accepted delegation of the river basin
riparian buffer rules. I have served as a key instructor for the NCDWQ stream identification
workshops offered for staff of public agencies, conducted identical workshops for private consultants
through the N.C. State University Forestry and Environmental Outreach Program, and conduct
workshops out -of -State on a consulting basis.
4
EXPERTISE AND EXPERIENCE RELATED TO WETLANDS DELINEATION
I Knowledge of and experience in wetlands of the southeastern US Through research projects, teaching
activities, and technology transfer activities, I am quite familiar with all of the wetland types of NC,
VA, SC, and GA and have visited mayor wetland types in most other southern States
2 Scientific background I have much knowledge and experience in the science of wetland hydrology and
wetland soils, much less so in the science of hydrophytic plants I have conducted research on wetland
hydrology in all of the forested wetland types in N C Dr Jon Stucky, Professor of Plant Biology at
N C State and a specialist in wetland plants, assists me in all of my classes on wetland delineation and
wetland functional assessment to teach all segments on hydrophytic plants
3 Experience in wetland delineation I teach the Corps wetland delineation methodology, implemented
first in 1996 as part of a graduate course on Wetland Assessment, Delineation, and Regulation and then
in 1998 as a standard, week -long short course offered through the N C State Forestry and
Environmental Outreach Program The short course is offered at least once annually and has been
taught 2 -3 tunes in several years
4 June 2007 Member of Peer Review Team appointed by Corps to review Draft Interim Regional
Supplement to the Corps of Engineers Wetland Delineation Manual Atlantic and Gulf Coastal Plain
Region
TEACHING AND TECHNOLOGY TRANSFER ACTIVITIES RELATED TO WETLANDS LAWS
AND REGULATIONS
1 I have worked closely for many years with staff of the Wilmington District Regulatory Division, Corps,
and the Wetlands and Stormwater Unit, N C Division of Water Quality on issues related to application
of Sections 401 and 404 of the Clean Water Act
2 I provided instruction on Sections 401 and 404 of the Clean Water Act and all the associated EPA,
Corps, and State of N C regulations several times a year (1) In a graduate course that I teach — NR 521
Wetland Assessment, Delineation, and Regulation, (2) in a one -week wetlands delineation training
workshop that I teach, and (3) guest lectures in graduate courses on natural resources policy
3 I frequently answer questions from landowners, State service foresters, consulting foresters, and
environmental consultants on applications of the Section 404 regulations in silviculture
4 I have been a frequent invited speaker at workshops and conferences on Section 404 of the Clean Water
Act and related regulations and guidance that apply to silviculture
5 As a member of the N C Forest Practices Guidelines Technical Advisory Committee, I served as the
chief author of two new sections of the greatly expanded 2007 edition of the North Carolina Forestry
Best Management Practices Manual to Protect Water Quality (1) Water Quality Regulations Affecting
Forestry, and (2) Silvicultural Activities in Forested Wetlands
6 1 have worked with foresters of the N C Division of Forest Resources and the forest industry for many
years on various types of research and technology transfer projects related to the design and management
of minor drainage systems and the hydrologic impacts of management of pine plantations on wetland
sites in eastern NC, VA, SC, and GA and management of bottomland hardwood stands on floodplain
wetlands
7 Participated in a series of meetings of a multi - interest task force that reviewed the impacts of the
Supreme Court's SWANNC decision on isolated wetlands and its impact in N C The task force
provided input to the NCDWQ and the N C Environmental Management Commission on proposed N C
regulations for a permit program for activities in isolated wetlands that no longer are under U S Army
Corps of Engineers jurisdiction
INTERNATIONAL EXPERIENCE
1 1976 -1980 Reforestation and soil conservation research and development in Haiti
2 1979 Training Team, Resource Conservation and Utilization Project, Nepal, developed plans for a new
university unit in Renewable Natural Resources in Nepal
3 1991 Application of the Universal Soil Loss Equation in Senegal
RESEARCH EXPERIENCE
1 Key accomplishments
a Established a program of research in forest and watershed hydrology and wetlands hydrology that
resulted in a wide variety of research projects related to the research needs of N C and the Southeast
b Became a recognized expert in the fields of forest hydrology, wetland hydrology, management of
wetland forests and drained forest plantations, and the EPA and Corps wetlands regulatory programs
as related to forestry
c Grants and contracts as Principal Investigator or Co -PI, I have been involved in research projects
funded by grant and contract awards totaling more than $3 5 million
d Publications
i 32 peer reviewed publications
u 15 proceedings publications
iii 2 editorships of proceedings publications
iv 12 unpublished research project reports
v 55 paper presentations
2 Research experience — Mayor projects included
a Silviculture — Conducted several studies on the impacts of silvicultural practices on tree growth and
stand development, including timber harvesting Have extensive experience in the silviculture and
hydrology of mountain hardwood forests through interactions on research, education, and outreach
activities with scientists of U S Forest Service mountain silviculture and forest hydrology research
centers at Coweeta Hydrologic Laboratory near Franklin, NC, Bent Creek Experimental Forest near
Asheville, NC, and the Timber and Watershed Laboratory near Parsons, WV
b Watershed hydrology and forest water quality — conducted several studies on watershed hydrology
and the effects of silvicultural practices on runoff and water quality
Wetland Hydrology - studied hydrology of wetland forests in many different landscapes, including
the ridge and swale topography of Hatteras Woods on the Outer Banks, pine plantations and natural
stands on mineral and organic flats of the Hofmann Forest, pine plantations on several different
Weyerhaeuser Company sites, natural pond pine stands of the large military bombing ranges in Dare
County, bottomland hardwood stands on flood plains in two different States, and three large
Carolina Bays
0
d Wetland mitigation — Effects of restoration on the hydrology of a large Carolina Bay with prior
converted agricultural land, development of practices for hydrologic assessment of potential
restoration sites and for hydrologic restoration
e Water management in drained forest plantations — series of cooperative studies with Weyerhaeuser
Company and the N C State Departments of Biological and Agricultural Engineering and Soil
Science, studies in the Hofmann Forest on hydrology and water management
f Stream Networks — Identification, classification, and assessment of streams, geomorphic, hydrologic,
and biologic characteristics of headwater streams, water quality functions of riparian zones,
bottomland hardwood management, development of LIDAR/GIS based methods for improved
mapping of headwaters streams
g Forest Soils - Fertilization of loblolly pine stands, effects of silvicultural practices on soil physical
and chemical properties, reforestation and soil conservation in developing countries
EXPERIENCE IN HYDROLOGIC MODELING
1 Academic — FOR 420 and FOR 520 Watershed and Wetlands Hydrology have long included a section on
the theory and application of hydrologic models, an overview of several widely used rainfall- runoff
models, and an extensive student exercise on the application of TR -55, the widely used and often
misused stormflow prediction model developed by the Natural Resources Conservation Service
2 Research — Have served as a member of the research team on several long running forest hydrology
research projects in which hydrologic model development and testing were mayor objectives
Developing forestry applications of the water management model, DRAINMOD, developed by Dr
Wayne Skaggs of the N C State Department of Biological and Agricultural Engineering, was the focus
of many of those studies
SELECTED RECENT PUBLICATIONS
(Total of 61 publications and reports and 55 paper presentations)
Amatya, D M , R W Skaggs, and J D Gregory 1995 A watershed scale hydrologic model for drained
forested land Pp 73 -82 In Proceedings of the Watershed Management Symposium of the 1995
ASCE International Water Resources Engineering Conference, San Antonio, TX, August 14 -16, 1995
Amatya, D M , R W Skaggs, and J D Gregory 1996 Effects of controlled drainage on the hydrology of
a drained pine plantation in the North Carolina Coastal Plain Journal of Hydrology 181 211 -232
Calvo, J C and J D Gregory 1997 Predicting mean annual runoff and suspended sediment yield in rural
watersheds in North Carolina University of North Carolina, Water Resources Research Institute
Report No 307
Amatya, D M , R W Skaggs, and J D Gregory 1997 Evaluation of a watershed scale forest hydrologic
model Agricultural Water Management 32 (1997) 239 -258
Amatya, D M , R W Skaggs, J D Gregory, and R B Herrmann 1997 Hydrology of a drained forested
pocosm watershed Journal of the American Water Resources Association 33 (3) 525 -546
Edwards, P J , J D Gregory, and H L Allen 1999 Seasonal sulfate deposition and export patterns for a
small Appalachian watershed Water, Soil, and Air Pollution 110 137 -155
Amatya, D M , J D Gregory, and R W Skaggs 2000 Effects of controlled drainage on storm event
hydrology in a loblolly pine plantation Journal of the American Water Resources Association 36(1)
175 -190
Franklin, E C , J D Gregory, D W Hazel, and J W Parsons 2000 Management of forested filter zones
for dispersion and treatment of agricultural runoff University of North Carolina, Water Resources
Research Institute Report No 312
Gregory, J D, S D Smith, E Fleck, and D Penrose 2002 What is a stream? Proceedings, Watershed
2002, February 23 -27, 2002, Ft Lauderdale, FL Water Environment Federation, Alexandria, VA
Darling, R, J Lawson, J D Gregory, and D Penrose 2002 Stream identification and mapping for
watershed protection Proceedings, Watershed 2002, February 23 -27, 2002, Ft Lauderdale, FL
Water Environment Federation, Alexandria, VA
Colson, T P, J D Gregory, H Mitasova, and S A C Nelson Comparison of stream extraction models
using LIDAR DEMs Proceedings, Geographic Information Systems and Water Resources IV,
AWRA Spring Specialty Conference, May 8 -10, 2006, Houston, TX American Water Resources
Association, Middleburg, VA
Colson, T P, J D Gregory, S A C Nelson, and E G Shipman A mobile geographic information system
to support stream identification Proceedings, Geographic Information Systems and Water
Resources IV, AWRA Spring Specialty Conference, May 8-10,2006, Houston, TX American
Water Resources Association, Middleburg, VA
Colson, T P 2006 Stream Network Delineation from High Resolution Digital Elevation Models Ph D
Dissertation, Dept of Forestry and Environmental Resources, NC State University, Raleigh, NC
http / /www lib N C State edu/theses /available /etd- 10302006 - 122024/
Caldwell, P V, M J Vepraskas, and J D Gregory 2007 Physical Properties of Natural Organic Soils in
Carolina Bays of the Southeastern United States SSSAJ 71 1051 -1057
AWARDS /RECOGNITIONS /CERTIFICATIONS
1 N C State University Academy of Outstanding Teachers
2 1984 Professional Achievement Award, North Carolina Chapter, Soil Conservation Society of America
3 1988 -1989 N C State Administrative Fellow
4 2000 — College of Forest Resources Nominee, Alumni Distinguished Undergraduate Professor Award
5 Certified Professional Soil Scientist, American Registry of Certified Professionals in Agronomy, Crops,
and Soils
6 Professional Wetland Scientist, Society of Wetland Scientists Certification Program, Inc
PROFESSIONAL SOCIETIES
Society of American Foresters, Society of Wetland Scientists, North Carolina Forestry Association, North
Carolina Association of Environmental Professionals
HONOR SOCIETIES
Sigma Xi, The Scientific Research Society, Phi Kappa Phi, National Honor Society, Gamma Sigma Delta,
The Honor Society of Agriculture, Xi Sigma Pi, Forestry Honor Society, Alpha Zeta, Agricultural and
Forestry Honor Society
RECENT CONSULTING EXPERIENCE
Experience as an expert advisor and expert witness
1993 — I served as an expert witness before an Administrative Law Judge for the U S National
Park Service (NPS) and Southern Environmental Law Center in an appeal of a permit issued by the
State of North Carolina for installation of a new field of water supply wells in the N C Coastal
Reserve on Hatteras Island, NC With funding supplied by NPS, I had collected rainfall and water
table data for a period of two years and calibrated a ground water model to predict that installing
and operating the proposed water supply wells would lower the water table in wetlands located in
the NPS Cape Hatteras National Seashore, adjacent to the Coastal Reserve
b 2001 — Lawsuit against a homeowner in Apex, NC fled by his neighbor alleging damage in her
yard from stormwater flow in a natural ephemeral stream that traversed the rear yard areas of
several lots I served as an expert witness on the hydrology and erosion issues for the homeowner
who was being sued in a superior court proceeding
2002 — 2003 For the Counsel of Region 3, USEPA, Philadelphia, PA, I served as an expert
witness before a federal Administrative Law Judge in a hearing in Virginia regarding a violation by
a developer of Clean Water Act, Section 404 regulations The focus of my expert testimony was
on normal silvicultural operations, minor drainage, and water management in wetland forests
conducted in accordance with the silvicultural exemption from permitting requirements, Section
404(f)
d 2005 — 2010 For Steptoe and Johnson, PLLC, Clarksburg, WV, defending wood products
companies against lawsuits alleging that timber harvesting had exacerbated a large, damaging flood
in southern West Virginia on July, 2001 My work has involved background research and drafting
an extensive report on small watershed research related to hydrologic impacts of timber harvesting,
hydrologic modeling applied to assessment of timber harvesting impacts, and specific issues of
hydrologic impacts of timber harvesting in a 132 miZ watershed in central W V Also assisted in
reviewing plaintiff's experts' reports, depositions of plaintiff's experts, developing lines of
questions for depositions of plaintiff's experts and for questioning in court, etc
2007 — For the U S Department of Justice, Environmental Division, Washington, DC I served as
an expert consultant and expert witness on hydrology issues for a complex wetlands case involving
violations of Section 404 of the Clean Water Act on a 1500 acre site in southeastern Virginia that
had a former silvicultural drainage system Extensive field work (including total station surveying)
was conducted to assess the character of the drainage system, forest stands, and connections to
navigable waters, to develop an accurate GIS database of the site, and to assess the type and extent
of activities that constituted Section 404 violations
2009 — For Brooks, Pierce, McLendon, Humphrey & Leonard, L L P , Greensboro, NC, expert
advisor and potential expert witness regarding forest and hydrology issues related to the Clean
Water Act Section 404 application, EIS, and permit of PCS Phosphate, Inc , Aurora, NC for
phosphate mine expansion
2 Stormwater management issues — private clients
Wetlands and stream determinations for private clients
4 Assessment and mapping of forest ecosystem types and characteristics and soils, streams, wetlands, and
other surface waters on several large tracts for private clients
5 Planning /implementing wetland and riparian buffer mitigation projects, N C Department of
Transportation and private consulting firms
6 Assessment of potential environmental impacts of planned land development projects — private clients
Evaluated, hydrology, soils, and wetlands issues, stormwater management planning, onsite waste water
management, ground water availability, etc
7 Application of Clean Water Act, Section 404(f) regulations to silvicultural activities, assisting private
clients in interactions with the U S Army Corps of Engineers
8 Assessment of potential damage to trees along a sewer line easement in Chapel Hill, NC This project
involved an initial assessment of potential impacts of new pipeline installation on adjacent trees,
inventory and condition assessment of trees close to the proposed construction corridor, and
implementation of a long term tree monitoring program to assess the factors that influence the degree of
tree damage that resulted from the pipeline installation activities
Assessment of risk of water quality degradation resulting from routine aerial application of a commonly
used forest fire retardant EPA has recently issued new recommendations for maximum stream water
concentrations of a chemical in the retardant to preclude acute and chronic toxicity to aquatic animals
My work for the chemical manufacturer involved assessment of the risk of that chemical being
transported to a receiving stream in runoff in different scenarios of aerial fire suppression tactics and
rainfall /runoff patterns
10 Assessment of water supplies available to the Town of Southern Pines as a consultant to a local citizens
group
11 Consultant to CC &T Real Estate Services, Charleston, SC regarding hydrological assessments and
stormwater management planning for a planned unit development adjacent to the Angel Oak, a very old
and large live oak tree in a small city park
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