20210921 Ver 1_Stream or Buffer Appeal_20210506

Staff Review Form
Updated September 4, 2020
Staff Review
Does this application have all the attachments needed to accept it into the review process?*
6* Yes r No
ID#* Version* 1
20210921
Is this project a public transportation project?*
r Yes
r No
Reviewer List:* Shelton Sullivan:eads\sosullivan
Select Reviewing Office:* Central Office - [phone]
Does this project require a request for payment to be sent?*
r
Yes
r
No

Project Submittal Form
Please note: fields marked with a red asterisk * below are required. You will not be able to submit the form until all
mandatory questions are answered.
Project Type:*
✓ For the Record Only (Courtesy Copy)
✓ New Project
✓ Modification/New Project with Existing ID
✓ More Information Response
✓ Other Agency Comments
✓ Pre -Application Submittal
✓ Re-Issuance\Renewal Request
a Stream or Buffer Appeal
Project Contact Information
Name: Jennifer Burdette
Mc) is submitting the inforrration?
Email Address: [e-mail]
Project Information
Project Name:
APPEAL - Watkins Road
Is this a public transportation project?
r Yes
a* No
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
r Yes r No r Unknown
County (ies)
Wake
Please upload all files that need to be submited.
Click the upload button or drag and drop files here to attach document
2020110035-WatkinsLot4-
3.99MB
TOMStreamOriginDetermination 2021-03-22.pdf
2020110035-WatkinsLot4-Figures.pdf 6.04MB
Only pdf or krrz files are accepted.
Describe the attachments
or comments:
McAdams conducted a determination and delineation of federally jurisdictional and potentially isolated
wetlands, streams, open water features (i.e., ponds) and riparian buffers on the subject property on January
14, 2021. The project area location is shown on the attached Figure 1. McAdams observed two potentially
jurisdictional wetlands, including one linear wetland in the location of Feature B depicted on the Soil Survey
map (Figure 2). These features are as shown on the Jurisdictional and Isolated Waters Delineation Map
provided as Figure 4. McAdams did not observe any intermittent or perennial streams within the project area.
The Town of Morrisville issued a stream buffer determination on March 22, 2021 (see attached) in which they
determined Feature B to be intermittent with a score of 20.5 on the NC DWR Stream Identification Form
(Version 4.11). We are requesting an appeal of this decision to be conducted by the DWR.
Sign and Submit

fJ By checking the box and signing box below, I certify that:
• I, the project proponent, hereby certifies that all information contained herein is true, accurate, and complete to
the best of my knowledge and belief.
• I, the project proponent, hereby requests that the certifying authority review and take action on this CWA 401
certification request within the applicable reasonable period of time.
• I agree that submission of this online form is a "transaction" subject to Chapter 66, Article 40 of the NC General
Statutes (the "Uniform Electronic Transactions Act");
• I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General
Statutes (the "Uniform Electronic Transactions Act");
• I understand that an electronic signature has the same legal effect and can be enforced in the same way as a
written signature; AND
• I intend to electronically sign and submit the online form.
Signature:
Submittal Date: Is filled in autocratically.

iiii Morrisville
lip. Live connected. Live well.
March 22, 2021
Ms. Lindsey Brown
Longfellow Real Estate Partners, LLC
30o Morris Street, Suite 280
Durham, NC 27701
RE: Stream Origin Determination
Project: Watkins Rd
Site Address: o Watkins Road
Wake County PIN # 0746-844-500
TOM#: DETER-21-oo21
Dear Ms. Brown:
On Monday, March 22, 2021, the Town of Morrisville conducted an on -site investigation to review the potential
streams located on/adjacent to the subject property for applicability to the Town of Morrisville Unified
Development Ordinance (UDO), Section 6: Riparian Buffers. 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 stream labeled as "Feature A" and "Feature C" on the attached
map are not at least intermittent and are not subject to the 50' Buffer Rule, while the stream labeled as
"Feature B" on the attached map is at least intermittent and is subject to the 50' Buffer Rule. The stream
labeled as "Feature D" on the attached map was more than 50' from the property line and therefore was not
analyzed.
Feature
Not
Subject
Subject
Start@
Stop@
Soil
Survey
USGS
Topo
Feature A
X
--
Road culvert
Northern
property line
X
--
Feature B
--
X
Pink tape
labeled "Start"
Southern
Property line
X
--
Feature C
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 1:24,00o scale. Each feature that is
checked "Not Subject" has been determined not to be a stream or is not present on the property. Features 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 jurisdictional according to the US Army Corps of Engineers and/or to the
Division of Water Resources.
10o Town Hall Drive I Morrisville, NC 27560 I P: 919.463.6200 I F: 919.481.2907 I townofmorrisville.org

iiiii Morrisville
lip. Live connected. Live well.
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 must be made within sixty (6o)
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 4oi & Buffer Permitting Unit, 165o 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 Administrative 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 Monday through Friday between the hours of 8:oo am and 5:0o pm,
except for official state holidays. To request a hearing, send the original and one (i) copy of the
petition to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-
6714. The petition may also be faxed to the attention of the Office of Administrative Hearings at
[phone], 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, i6oi 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 (6o) 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 correspondences
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: File
10o Town Hall Drive I Morrisville, NC 27560 I P: 919.463.6200 I F: 919.481.2907 I townofmorrisville.org

Wake County Soil Survey
1 inch = 490 feet
USGS Map
1 inch = 481 feet
o
OM Morrisville
li
Stormwater
Watkins Rd
0 Watkins Road
Stream Origin Determination
PIN(s):
0746844500

NC DWQ Stream Identification Form Version 4.11
Date: ` l i2I Z 1
Project/Site:
Latitude:
Evaluator: if 5
1
County:
Longitude:
Total Points:
Stream is at least intermittent '7 if >_ 19 or perennial if >_ 30* S
T
S - - ii I - ermination (circle one)
phemeral Intermittent Perennial
Other
e.g. Quad Name:
A. Geomorphology (Subtotal = . 5 )
Absent
Weak
Moderate
Strong
1 a. Continuity of channel bed and bank
0
2
3
2. Sinuosity of channel along thalweg
C
1
2
3
3. In -channel structure: ex. riffle -pool, step -pool,
ripple -pool sequence
+
C ��
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
1
2
3
7. Recent alluvial deposits
U
1
2
3
8. Headcuts
1
2
3
9. Grade control
i 0"
00.55'
1
1.5
10.1Naturalconvalley
0
1
1.5
11. Second or greater order channel
No - 0
C
Yes = 3
artificial ditches are not rated; see discussions in manual
B. Hydrology (Subtotal = 3
12. Presence of Baseflow
1
2
3
13. Iron oxidizing bacteria
Cab
1
2
3
14. Leaf litter
1.5�
1
0.5
CV
15. Sediment on plants or debris
C_ 7
0.5
1
1.5
16. Organic debris lines or piles
0.5
1
s,
1.5
17. Soil -based evidence of high water table?
No = 0
(es =
Bioloav (Subtotal =
18. Fibrous roots in streambed
3
2
1
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
CD?
0.5
1
1.5
23. Crayfish
0.5
1
1.5
24. Amphibians
df,
0.5
1
1.5
25. Algae
0
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:
Sketch: Ev, A d (t .e-�T-0.1r-e. c' 1- i -r- vvt 2 p S"e t.t
Feature C on the attached map

NC DWQ Stream Identification Form Version 4.11
Date: 3 /z z I.Z i
Project/Site:
Latitude:
Evaluator: -6.e.L
County:
Longitude:
Total Points:
Stream isealeast intermittent 30* Zd i5
if >_ 19 or perennial if >_ 30'
Stream Determinat n circle one)
Ephemera Intermittent Perennial
Other
e.g. Quad Name:
A. Geomorphology (Subtotal = (0,5 )
Absent
Weak
Moderate
Strong
1a. Continuity of channel bed and bank
0
1
2
2. Sinuosity of channel along thalweg
0
0
2
3
3. In -channel structure: ex. riffle -pool, step -pool,
ripple -pool sequence
0
2
3
4. Particle size of stream substrate
0
<'0
2
3
5. Active/relict floodplain
0
1
ea-)
3
6. Depositional bars or benches
r
1
2
3
7. Recent alluvial deposits
1
2
3
8. Headcuts
0
1
3
9. Grade control
C
0.
1
1.5
10. Natural valley
0
0.5
1
1.5
11. Second or greater order channel
No = 0
Yes = 3
artificial ditches are not rated; see discussions in manual
B. Hydrology (Subtotal =
12. Presence of Baseflow
0
C' 2)
2
3
13. Iron oxidizing bacteria
Q
1
2
3
14. Leaf litter
1.5
1
0
15. Sediment on plants or debris
0
1
1.5
16. Organic debris lines or piles
0
1 1.5
17. Soil -based evidence of high water table?
No = 0
(es=3
. Biology (Subtotal = q
18. Fibrous roots in streambed
3
2
1(("rj
19. Rooted upland plants in streambed
3
1
0
20. Macrobenthos (note diversity and abundance)
0
ii110
2
3
Aquatic Mollusks
1
2
3
22. Fish
22. Fish
S
0.5
0.5
1
1
1.521.
1.5
23. Crayfish
0
0.5
1
1.5
24. Amphibians
CD
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:
./
Sketch: tea -v me..- b try 41.7 Via
0( 1
i-6 t,ti rj ink 1 f
L v-ct Z ^ / �e_ � 1 S ©� t"Lre �e 44-k
B on the attached map
`- ll tr-na k k C 1F' y cis
Feature

NC DWQ Stream Identification Form Version 4.11
Date: 3 (ZZ (z I
Project/Site:
Latitude:
Evaluato 0v`l el S
County:
Longitude:
Total Points:
Stream is at least intermittent (I SZ,5
if _ 19 or perennial if >_ 30` `
S rmination (circle one)
Other
e.g. Quad Name:
phemeral Intermittent Perennial
A. Geomorphology (Subtotal = (o )
Absent
Weak
Moderate
Strong
la. Continuity of channel bed and bank
0
t ' -'
2
3
2. Sinuosity of channel along thalweg
0
e
2
3
3. In -channel structure: ex. riffle -pool, step -pool,
ripple -pool sequence
0
CD
2
3
4. Particle size of stream substrate
0
C_1�/
2
3
5. Active/relict floodplain
0
,v
2
3
6. Depositional bars or benches
0
1
2
3
7. Recent alluvial deposits
0
1
2
3
8. Headcuts
0
2
3
9. Grade control
ps2)0
0.5
1
1.5
10. Natural valley
0.5
1
1.5
11. Second or greater order channel
(No �0)
Yes = 3
artificial ditches are not rated; see discussions in manual
B. Hydrology (Subtotal = 2 I S
12. Presence of Baseflow
1
2
3
13. Iron oxidizing bacteria
1
2
3
14. Leaf litter
1.5
L '�
0.5
0
15. Sediment on plants or debris
0
0.5
dip
1.5
16. Organic debris lines or piles
0
`0.5
1
1.5
17. Soil -based evidence of high water table?
o = 0 )
Yes = 3
. Biology (Subtotal =
18. Fibrous roots in streambed
3
2
1
C UJ
19. Rooted upland plants in streambed
3
2
n
0
20. Macrobenthos (note diversity and abundance)
t o
1
2
3
21. Aquatic Mollusks
0
1
2
3
22. Fish
dill
0.5
1
1.5
23. Crayfish
ill,0.5
1
1.5
24. Amphibians
110
0.5
1
1.5
25. Algae
�J
1.5
26. Wetland plants in streambed
ACW = 0.75 OBL = 1.5 Other = 0
`perennial streams may also be identified using other methods. See p. 35 of manual.
Notes:
Sketch: 5 - e a 6 V\ NCY. l LeJr' it E'-cl 2 C!" 67 -may c r y .1,- t-'
Feature A on the attached map

!al _ `e i _R iR4
\k---1"&" '
. irords‘ *VI-%
n d N ,cFE�i Rif .A�� us�i�
EVERETTE FIELDS'RD
Em.i2•y
cock
1/7--
NOTES:
1. USGS; 7.5 MINUTE, QUAD, CARY, NORTH CAROLINA; 2019
2. LAT: 35.850792, LONG: -78.836623
gij
MCADAMS
FIGURE 1. USGS TOPOGRAPHIC VICINITY MAP
WATKINS ROAD
MORRISVILLE, WAKE COUNTY, NC
0 1,000 2,000
Feet
1 inch = 2,000 feet
VERSION: 1
DATE: 1/4/2021
JOB NO: 2020110035
DRAWN BY: bloom
M:\Projects\Longfellow\2020110035_00\04-Production\Natural Resources\GIS\2020110035_Watkins_Road_Fig 1 USGS.mxd, 1/4/2021 11:22:43AM, bloom

WsE
W582 ,
WsC2 WsE
•C2
Me
Ws
D.
WsG2
'41
WsC2
Me
Wsf31
WsC2
WsC2
vD3
WsB7.
Gu Cm
CrB2 CrC2
MyC2
Myt32
MyC2
MyC2
Myth'
CrB2
Gu
• D
MyR2
MyC2
CiB2
Wy
WsC2
Cn
MyC2
l~
CrC2
CrC2
Wy
CrC2 WY
CrC2
Wy
Ws82 •
CrG2
CrC2
MyC2 r PkF
Crb''
CrC2
rrels
rch
CrC? / '
WsB2 CrC2
WvD3
NOTES:
1. NRCS; SOIL SURVEY SHEET36, WAKE COUNTY, NC (1970)
gij
MCADAMS
FIGURE 2. BUFFER SUBJECTIVITY SOIL SURVEY
WATKINS ROAD
MORRISVILLE, WAKE COUNTY, NC
0
760 1,520
Feet
1 inch = 1,320 feet
VERSION: 1
DATE: 1/18/2021
JOB NO: 2020110035
DRAWN BY: bloom
M:\Projects\Longfellow\2020110035_00\04-Production\Natural Resources\GIS\2020110035_Watkins_Road_Fig 2B_BUFFER SUBJ SS.mxd, 1/18/2021 4:43:20 PM, bloom

LEGEND
1 Project Area
— Roads
2-ft. Contours
FIGURE 3. AERIAL MAP
WATKINS ROAD
MORRISVILLE, WAKE COUNTY, NC
MCADAMS
0 75 150
Feet
1 inch = 150 feet
VERSION: 1
DATE: 5/6/2021
JOB NO: 2020110035
DRAWN BY: roth
M:\Projects\Longfellow\2020110035_00\04-Production\Natural Resources\Lot 4\GIS\2020110035_Watkins_Road_Fig 3_Aerial.mxd, 5/6/2021 10:26:38 AM, roth

gi
MCADAMS
M:\Projects\Longfellow\2020110035_00\04-Production\Natural Resources\GIS\2020110035_Watkins_Road_Fig 4_PJD Map.mxd, 2/22/2021 4:35:17 PM, manning
0 75 150
Feet
1 inch = 150 feet
VERSION: 1
DATE: 2/22/2021
JOB NO: 2020110035
DRAWN BY: manning