20140508 Ver 1_Buffer Determination_20140902

NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
John E. Skvarla, III
Secretary
September 2, 2014
DWR Project # 14 -0508
Durham County
CERTIFIED MAIL RECEIPT
7013 3020 0000 7632 0710
Robert Slater
204 Galway Drive
Chapel Hill, NC 27517
Subject Property: 204 Galway Drive, Chapel Hill
LIT to Little Creek
On -Site Determination for Applicability to the Jordan Lake Riparian Area Protection Rules (15A NCAC
213 .0267)
Dear Mr. Slater:
On August 21, 2014, at your request, Eric Kulz and Jennifer Burdette of the Division of Water
Resources (DWR) conducted an on -site determination to review one feature located on the
subject site for applicability to the Jordan Lake Buffer Rules (15A NCAC 2B .0267). The feature is
labeled as A on the attached maps initialed by Ms. Burdette on August 21, 2014. DWR Staff from
the Raleigh Regional Office had previously conducted an on -site determination of this feature. In
your letter to the Director dated May 20, 2014, you requested an appeal of their determination as
provided within 15A NCAC 0213 .0267 (3) (a). Completion of the appeal was delayed pending
withdraw of a contested case filed with the Office of Administrative Hearings. Ms. Ramona
Cunningham O'Bryant of SmithMooreLeatherwood Attorneys at Law withdrew the contested case
by letter dated July 17, 2014. Above normal antecedent precipitation also delayed the completion
of the appeal. Your consultant, Dr. James Gregory of Watershed Hydrology Consultants, provided
a report of his assessment of feature A dated August 4, 2014 indicating that feature A should not
be subject to the Jordan Lake Buffer Rule.
Mr. Kulz and Ms. Burdette conducted an appeal of the original DWR determination as stated
above. During their review, Mr. Kulz and Ms. Burdette evaluated feature A using the DWR Stream
401 and Buffer Permitting Unit
1617 Mail Service Center, Raleigh, North Carolina 27699 -1617
Location: 512 N. Salisbury St. Raleigh, North Carolina 27604
Phone: 919 - 807 -6300 \ FAX: 919 - 807 -6494
Internet: www.ncwaterquality.org
An Equal Opportunity \ Affirmative Action Employer — Made in part by recycled paper

Mr. Slater
Durham County
Page 3 of 3
Classification Form. Feature A was evaluated to have a score of 17 on the DWR form. The form
states that if the score is "greater than or equal to 19 points the stream is at least intermittent ".
The form is attached to this letter.
The DWR has determined that the feature labeled as "A" on the attached maps is an
ephemeral channel and is not subject to the Jordan Lake Buffer Rule.
This determination shall replace the determination originally performed by the Raleigh Regional
Office 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:OOam and
5:OOpm, 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:
Mailing address for the OAH:
If sending via U.S. Postal Service: If sending via delivery service (UPS, FedEx, etc.)
Office of Administrative Hearings Office of Administrative Hearings
6714 Mail Service Center 1711 New Hope Church Road
Raleigh, NC 27699 -6714 Raleigh, NC 27609 -6285
One (1) copy of the petition must also be served to DENR:
John Evans, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699 -1601

Mr. Slater
Durham County
Page 3 of 3
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 this State. if you have any additional questions or require additional information please
call Jennifer Burdette at (919)807 -6364. This determination is subject to review as provided in
Articles 3 & 4 of G.S. 150B.
Sincerely,
a - �9,,e,7Zt
r Karen Higgins, Supervisor
401 & Buffer Permitting Unit
KAH /jab
Enclosures: Site Map
Stream ID Form
NCDWR 04/4/2014 Determination Letter
cc: Dr. James D. Gregory, Watershed Hydrology Consultants, LLC, 1114 Upper Reach Drive,
Wilmington, NC 28409
DWQ RRO 401 files
401 & Buffer Permitting Unit files
Filename: 140508_ 204GalwayDr _JDN_Stream_Det_Appeal.docx

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NC DWQ Stream Identification Form Version 4.11
Date: Z
Project /Site: �C G4 AV y
Latitude: js. 9Z S "t g
Evaluator. J kZ
County: OL(t,4,q /vl
Longitude: -77. D0369
Total Points:
S termination (circle one)
Other C�'t�`fpe f f7)�� A/C
Stream is at least intermittent /7
if Z! 19 or perennial if ? 30*
phemera Intermittent Perennial
e.g. Quad Na e:
A. Geomorphology (Subtotal = )
Absent
Weak
Moderate
Strong
,a, 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
0
0.5
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
1
2
3
8. Headcuts
0
1
2
3
9. Grade control
0.5
1
1.5
10. Natural valley
0
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. Hydroloqy (Subtotal= .3. -_ )
12. Presence of Baseflow
0
1
2
3
13. Iron oxidizing bacteria
0
C-D
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
17. Soil -based evidence of high water table?
No 0
Yes = 3
C. Biology (Subtotal = , 5� )
18. Fibrous roots in streambed
3
2
1
19. Rooted upland plants in streambed
3
2
1
0
20. Macrobenthos (note diversity and abundance)
1
2
3
21. Aquatic Mollusks
0
"(DI
2
3
22. Fish
W
0.5
1
1.5
23. Crayfish
0.5
1
1.5
24. Amphibians
0
14 0:6
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: ho n hY�ic C1 01iv o � t
Ay %o �c �,���� 7'�o,j eh
ra � � ✓ „ 7e l
C, Gnh..e 1-f l

NCDENR
North Carolina;Departmenf of Env,_ironrnerif.arid Natural Resources
Pat *C'rory
Governor
April 4, 2014
Robert,Slater•
204 Galway, Drive
•Chapel Hill „NC2175`l'7
John,,E. Skvarla, llf
Secretary
Subject: Surface Water Determination Letter
NBRRo# 14 -047
Durham County
Determination'Type.
Buffer Cali
Isolated�or EIP Call
❑ Neuse (15A NCAC 28 .0233)
Start@
❑ Tar- Pamhcq (15A NCAC 2B :0259)
❑ Ephemeral/ Intermittent /PerennlahQetermmation
USGS
El' Isolated!VVetland bbterrrttnabdri
®.Jordan 05A N(AC 2B 0267)
to Buffers
ProjecfName: 204 Galway Drive, Chapel`Hill
Location/Directions: Subjectproperty is a,private,pecel with a single family�residence
dedeloped.on it;
Subject Stream: UZto
Determination Date: 4%4/2014
Staff: Sara.Knies
Stream
E/I/P *�
Not.Subject-
Subject
Start@
Stop@
Soilr
USGS
to Buffers
to
Survey,
Topo
Buffers
_
A
I
X
D /S' end of
I Drop in -let
X
culvert pipe on
at property
property
boundary
bound
*E111P = Ephemeral /Interm'ittent/Perennrat
Explanation: The.feature(s) lisfed.above has or have been located on the Soil,Survey of Durham. 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'detennined'not to be stream or•is`not, presenton the property. Features.that.are checked
"Subject" ' have � been. locafed onahe property -and "possess characteristics that qualify into be a, stream: Ttie_ie tnay'be
othei streams located on your - property ihat do not, show up on the maps referenced above, but, still may lie
considered, jurisdictional:accordirigito the U.S Xrfrty Corps of Engineers :and/or to,the Division.of Water Resources
(D W R).
Noe Carohna
turdlly
North Carolina.Division of Water Resources 1628 Mad Service Center Raleigh, NC 27699- 1628'Phone [phone],
Internet- W" ncwaterauality org Location 3800.Baifettvbrive Raleigh; NC 27609 Fax [phone]
An Equal Opportunity7Affinnabve Action, Employer =50% Recycled /10° %Post Consumer Pa "per

204 Galway Drive
Durham County
4/4/2014
Page 2 of 2
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 (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 c/o Karen Higgins, DWR WeBSCaPe Unit, 1650 Mail Service
Center, Raleigh, NC 27699.
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 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 -6300, and the US Army Corp of Engineers
(Raleigh Regulatory Field Office) at (919) -554 -4884.
If you have questi(
Si 3er,
J �
Danny Sr1)4
please feel free to contact Sara Knies at (919) 791 -4258.
Water Quality Regional Operations Center
cc: RRO DWR File Copy
Cory Darnell, 9001 Glenwood Ave., Raleigh, NC 27617

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FIGURE I
United States Geological Survey
SITE LOCATION MAP
7.5 - Minute Series Topographic Map:
1.7 Acre Site
Chapel Hill, NC Quadrangle
204 Galway Drive
Dated: 1998
Chapel Hill, Durham County, NU
Contour Interval = 2 meters
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