20140508 Ver 1_Emails_20140522 (2)

Burdette, Jennifer a
From: Higgins, Karen
Sent: Thursday, May 22, 2014 4:12 PM
To: Patricia D'Arconte; Phil Post
Cc: Knies, Sara V; Mike Taylor; Dave Almond; Burdette, Jennifer a
Subject: RE: recent DENR stream classification at 204 Galway Drive
Phil-
I understand there has been some confusion about the DENR call vs. whether the Town needs to
make a call. According to the 7ordan rules, a local government may accept a call made by
another certified individual [see 15A NCAC 02B .0267 (4)(d)]. In this case, the call was
made by a DWR staff person who is certified to make stream calls. It is DWR's understanding
that the Town is accepting the April 4th call and will not be making another determination.
I received your request for an appeal of the April 4, 2014 call and have asked 7ennifer
Burdette to contact you to schedule a time to make the appeal call. If you have any
questions, please feel free to contact me or talk with 7ennifer.
Thanks -
Karen
Karen Higgins
401 & Buffer Permitting Unit Supervisor
NC DENR - Division of Water Resources
1650 Mail Service Center, Raleigh, NC 27699 -1650
Phone: [phone]
Email: karen.higgins(@ncdenr.gov
Website: http: / /portal.ncdenr.org /web /wq /401bufferpermitting
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: Patricia D'Arconte [ pdarconte @townofchapelhill.org]
Sent: Thursday, May 22, 2014 3:49 PM
To: Phil Post
Cc: Higgins, Karen; Knies, Sara V; Mike Taylor; Dave Almond
Subject: RE: recent DENR stream classification at 204 Galway Drive
Phil,
We believe DENR's classification trumps ours, although they did get the same result we got in
2004 for the very same site (which I have attached). DENR has asked us whether we accept it,
and we do. We see no problem with them accidentally doing it. I understand you are looking
to appeal their classification. That appeal should go to them.
In fact, the current owners had their attorney request that stream determination back in
2004. I have a signature from lane and Robert Slater giving permission for that request. So
I'm not sure why there was any confusion as to who had jurisdiction in the first place.
Trish
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From: Phil Post [ mailto :ppost (@ppaengineering.com]
Sent: Thursday, May 22, 2014 3:00 PM
To: Patricia D'Arconte
Cc: Higgins, Karen <karen.higgins (@ncdenr.gov> (karen.higgins (@ncdenr.gov); Knies, Sara V; Mike
Taylor; Dave Almond
Subject: Re: recent DENR stream classification at 204 Galway Drive
Trisha
We do not agree with what Ncdenr did and they should not have been out there. At the
appropriate time we will be requesting a determination by the Town. And hopefully will agree
with your results. But the Ownet needs to get back into Town.
Basically Ncdenr is saying that the whole process needs to start with the Town.
Phil
On May 22, 2014, at 14:41, Patricia D'Arconte
< pdarconte (@townofchapelhill.org< mailto: pdarconte (@townofchapelhill.org>> wrote:
Hello,
We understand DENR staff recently did a stream classification for a stream near 204 Galway
Drive in Chapel Hill, since there was some confusion as to what jurisdiction that location is
in. We are willing to accept their classification for purposes of both 7ordan Riparian
Buffer and our local Resource Conservation District. Any appeal of this classification by
the applicant should be sent directly to DENR.
If any appeals are submitted, please share the results with me.
Thank you,
Trish
<image001.gif>
Patricia D'Arconte
Stormwater Management Division
Public Works Department
Town of Chapel Hill< http : / /www.townofchapelhill.org>
405 Martin Luther King 7r Blvd
Chapel Hill, NC 27514 -5705
Phone: [phone]
Fax: [phone]
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