The URL can be used to link to this page

Home My WebLink About20150118 Ver 1_Buffer Determination_20150324AN�� NCDEE R North Carolina Department of Environment and Natural Resources Pat McCrory Governor Donald R. van der Vaart Secretary March 24, 2015 DWQ Project q 15 -0118 Orange County CERTIFIED MAIL RECEIPT 7003 2260 0005 5380 8078 Jeff Essen 930 Shady Lawn Road Ext. Chapel Hill, NC 27514 Subject Property: Shady Lawn Road Ext. Parcel IN 9789 -79 -7037 and 9789 -89 -0111 UIT to Booker Creek (Eastwood Lake) On -Site Determination for Applicability to the Jordan Lake Riparian Area Protection Rules (15A NCAC 213.0267) Dear Mr. Essen: On March 4, 2015, at your request, Katie Merritt and Niki Maher of the Division of Water Resources (DWR) conducted an on -site determination to review an unnamed tributary (LIT) to Booker Creek (Eastwood Lake) located on the subject properties for applicability to the Jordan Lake Buffer Rules (15A NCAC 2B.0267). The two reaches of this LIT that were evaluated are labeled as "A" and "B" on the attached map initialed by Katie Merritt on March 11, 2015 and are shown on the ground by the placement of yellow flagging. It was indicated that staff from the Town of Chapel Hill had previously conducted an on -site determination of the stream. In your letter to the Director dated January 20, 2015, you requested an appeal of their determination as provided within 15A NCAC 02B .0267(4)(d). At your request, DWR staff conducted an appeal of the town's determination as stated above. During their review, Ms. Merritt and Ms. Maher evaluated the LIT using the DWR Stream Classification Form. Reach "A" of the subject LIT was evaluated to have a score of 10.5 points. The methodology states "scores less than 19.0 indicate ephemeral streams ". Ms. Merritt and Ms. Division of Water Resources — 401 8 Buffer Permitting Unit 1617 Mail Service Center, Raleigh, North Carolina 27699 -1617 Location: 512 N. Salisbury St Raleigh, North Carolina 27604 Phone 919 -607 -6300 \ FAX 919 -807 -6494 Internet. www ncwaterauality ora An Equal opportunity 1 Afhrrnahve Aclan Employer - Made m part by recycled paper Jeff Essen Orange County Page 2 of 3 Maher also evaluated reach "B" of the LIT and calculated the score to be 23.5 points. The form states that if the score is "greater than or equal to 19 points the stream is at least intermittent ". The forms completed during the evaluation are attached to this letter. The DWR has determined that the reach labeled "A" on the attached map is "ephemeral' and is not subject to the Jordan Lake Buffer Rule. The DWR has determined that the reach labeled "B" on the attached map is at least "intermittent" and is subject to the Jordan Lake Buffer Rule. This determination shall replace the determination 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 Directors 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: 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: Sam M. Hayes, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699 -1601 Jeff Essen Orange County Page 3 of 3 This stream and its associated buffers should be identified on any future plans for this property. The owner (or future owners) should notify the DWR (and other relevant agencies) of this decision in any future correspondences concerning this property. 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 Katie Merritt at (919) 807 -6371. This determination is subject to review as provided in Articles 3 & 4 of G.S. 150B. Sincerely, Karen Higgins, Supervis 401 & Buffer Permitting Unit KAH/kym Enclosures: Site Maps Stream ID forms cc: Patricia D'Arconte, Town of Chapel Hill, Public Works Dept., Stormwater Management Division, 405 Martin Luther King, Jr. Blvd., Chapel Hill, NC 27514 -5705 401 & Buffer Permitting Unit files Filename: 20150118_EssenShadylawn bufferappealletter_3- 10.15.doac Strea ssified Stream Ej Non - regulated Waterbody era l Stream jr�h 0 Non - perennial Waterbody .• Intermittent Stream Wide Perennial Stream Perennial Stream Perennial Waterbody MM Culverts Approximate Jordan Buffer — 2 -foot Contours ® Ephemeral Breakpoint — 10 -foot Contours Intermittent Breakpoint n Address: Shadylawn Extension Parcel ID: 9789 -79- 7037,9789 -89 -0111 TMBL: 7.28..10B, 7.28..1 OD M Buildings Perennial Breakpoint 0 100 200 400 Feet t inch - 200 feet = Parcels I I I I I I I I I r—1 Site visited Stream locations are approximate and must be verifled by survey. 0 0 uovHS^ ( l E 0 CL CL N C O u 0 .K J dJ Np N §r c $° c c E E .S FA ivs Li y 0 co n r- 1 l\� - i Cj o r1 i , (,'' F, I_] j l I I( 77 ° L � 1 s N o .