20121063 Ver 1_Stream Call Letter_20121217

A FM
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Waklld, P E Dee Freeman
Governor Director Secretary
December 17, 2012
DWQ Project # 12 -1063
Orange County
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Robert R Maschue, P G
Solutech Environmental Consultants
5841 Corporate Way, Suite 102
West Palm Beach, FL 33407
Subject Property "The Edge" Property
Airport Road and Eubanks Road
Chapel Hill, NC
On -Site Determination for Applicability to the Jordan Lake Riparian Area Protection Rules (15A NCAC 2B
0267) -Appeal
Dear Mr Maschue
On December 12, 2012, at your request Eric Kulz with the Division of Water Quality (DWQ) conducted
an on -site determination to review four surface water features located on the subject property for
applicability to the Jordan Lake Buffer Rules (15A NCAC 2B 0267) The features are labeled as "Main
Tributary", "Tributary A ", "Tributary B ", and "Tributary C" on the attached map initialed by me on
December 12, 2012 Town of Chapel Hill Staff had previously conducted an on -site determinations at
the property in 2003 and 2011 In your letter to the Director dated November 5, 2012, you requested an
appeal of their determination as provided within 15A NCAC 02B 0267(5) Dr James Gregory with
Watershed Hydrology Consultants was present on -site when the stream determinations were made
At your request, DWQ conducted an appeal of the determinations as stated above The features were
evaluated using the DWQ Stream Classification Form, as applicable 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 "Main Tributary" on the attached map is
intermittent at an orange flag labeled "DWQ Start Intermittent" flag, and is subject to the Jordan Lake
Buffer Rules This feature scored 20 points Just below the flagged origin point The Main Tributary
scored 13 points above the flag, approximately 60 feet downstream of a culvert under Eubanks Road An
intermittent/perennial transition point was identified on the " "Main Tributary" and was marked with
orange flagging labeled "DWQ start perennial" as approximately shown on the attached map The stream
scored 315 below this flag
The DWQ has determined that the stream labeled as "Tributary A" on the attached map is ephemeral
and is not subject to the Jordan Lake Buffer Rules This feature consists of a valley with discontinuous
surface drainage patterns, transitioning to a ditch (spoil piles) for the lowest section to its confluence with
the "main tributary" This feature does not intersect groundwater and has no base flow
�h'ePa ws Bufterc, Sto I ,,a ter ' om I ''i ice a, id P, rmlttinn I, ii (VvGBSI ,Pe'
1"K IArI Selvlce ( ester Pa (,j "!rl' Garunna %fiy9 i'',C One
Phone c11' .1r0761 ()1) ' -'), ci1c t,A-11 NorthCarrohna
l E o di ,/. i it .rte '"6' t - N'fRV� Naturiday ii, � U �' �1 II_ "IL'I'It) � Irflr' , C �, Lnl1i.,j I

Robert R Maschue, P G
Page 2 of 3
Date December 17, 2012
The DWQ has determined that the stream labeled as "Tributary B" on the attached map is ephemeral
and is not subject to the Jordan Lake Buffer Rules This feature consists of a poorly - formed,
discontinuous stream bed which does not intersect groundwater and has no base flow This feature scored
10 points This feature is not shown on either the USGS topographic map or the USDA soil survey map
The DWQ has determined that the stream labeled as "Tributary C" on the attached map is an ephemeral
ditch and is not subject to the Jordan Lake Buffer Rules This feature runs parallel to the natural
topography, and does not intersect groundwater and has no base flow
These determinations shall replace the determinations originally performed by the Town of Chapel
Hill 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
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
William Cary, 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

Robert R. Maschue, P.G.
Page 3 of 3
Date: December 17, 2012
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 Eric Kulz at
(919) 807 -6476. This determination is subject to review as provided in Articles 3 & 4 of G.S. 150B.
Sincerely,
OJJA
;harles Wakild
CW/KH/EWK
Enclosures: Site Location Map, Site Map
cc: Patricia D'Arconte, Town of Chapel Hill Public Works Department, 405 Martin Luther King, Jr.
Blvd., Chapel Hill, NC 27514 -5705
File Copy

SOLUTECH, INC.
Stream Delineation Appeal
5841 Corporate Way, Suite 102
80 +/- Acre Parcel
1
West Palm Beach, FL 33407
Eubanks Road and 1 -40
Tel [phone] Fax [phone]
Chapel Hill, NC
Drawn By
Date November 5, 2012
Figure No
Site Location Map
Not to Scale
Priya
Job No 4716800
1

veA - &r5 ca lob I
LOMMd
EpheniwW
InhwasIblt
/v''y/• V M611MIN 'i \ 1 a'r � 1 ice— � ♦♦ • — :�5� �/ '.
5 71
FM fit 6UP 0
-044
IMA
- _ ,, 1 ''•�'i -— 1 — jjj��l� ♦ ♦ I I 1 I, 1,11 1Ny•, \2-_r
', - - _ i=rate ♦ ; • - '
,• rr
Figure 1. Drawing of project site of The Edge Chapel Hill, LLC provided y Solutech Environmental
Consultants. Stream classifications are not the work of WatHydro. Scale of drawing unknown.
- : alb tN
dM"(:
TN;;i�ffl MVOT