20061416 Ver 1_Stream Call Letter_20070831

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Mr. Jerry Radman
201 Shannon Oaks Circle
Suite 201
Cary, NC 27511
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Cazolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
August 31, 2007
DWQ Project # 2006-1416
Chatham County
Page 1 of 2
Subject Property: Booth Mountain (Westfall) development, "Village" portion off of Jack
Bennett Road
On-Site Determination for the presence of intermittent or perennial streams
Dear Mr. Radman:
On June 20, 2007, at the request of Ms. Allison Weakley, Chair of the Chatham County
Environmental Review Board, I and Eric Kulz of DWQ as well as Monte Matthews of the US
Army Corps of Engineers were accompanied by Kevin Martin and Jason Payne of Soil and
Environmental Consultants to this site. As you know, DWQ and Corps. staff have visited this
development project several times over the past year. We conducted an on-site determination
to review channels located on the subject property to determine if the channels were intermittent
or perennial streams. The channel is labeled as "A and B" on the attached map initialed by me
on July 13, 2007.
At Ms. Weakley's request, I conducted an on-site determination as stated above. During my
review I evaluated the stream using the DWQ Stream Classification Form. I evaluated the
stream reach "A" and calculated the score to be 20 points. The form states that if the score is
"greater than or equal to 19 points the stream is at least intermittent". A section of feature "B"
still remains in the woods above a disturbed section. Mr. Matthews recalls visiting that feature
before it was impacted and decided that it was an ephemeral channel not subject to 404
Permitting. With respect to Feature "B", the Division has concluded that this feature is an
ephemeral channel based on an earlier site visit from Monte Matthews.
The Division of Water Quality-(DWQ) has determined that the surface water labeled as
"A" on the attached map is an intermittent stream from the locations flagged in the field.
No stream was present below the lowest flag since the remaining, remnant channel naturally
loses its physical characteristics below this point. Therefore, land disturbance below this point
has not impacted an intermittent or perennial stream including construction of Road "N". It is
important to note that Mr. Monte Matthews of the US Army Corps of Engineers had the same
conclusion both as to the origin of feature "A" and its extent within the disturbed area. This
stream 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. This on-site determination shall expire five (5) years
from the date of this letter.
N9tthCazolina
401 Oversight/Express Review Permitting Unit JUatura!!r~
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Cazolina 27604
Phone: [phone] /FAX [phone] /Internet: htto://h2o.enr.state.nc.us/ncwetlands
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/] 0% Post Consumer Paper

Mr. Jerry Radman
Page 2 of 2
August 31, 2007
Therefore, DWQ staff have determined that the stream likely lost its direct surface connection to
Herndon Creek below the intermittent segment. Therefore, DWQ staff have determined that this
stream segment is isolated in the context of the Division's Isolated Wetland rules (15A NCAC
2H .1300). Since the stream length is less than 150 linear feet, impacts to this isolated stream
are "deemed permitted" and as long as the provisions in 15A NCAC 2H .1305(b) are followed,
then this stream can be impacted without further permitting.
In addition. our understanding is that the US Army Corps of Engineers has now signed the
delineation map for the Booth Mountain site at your request and that this map does not depict a
stream at the location discussed above. Since the Corps has determined that impact to this
stream does not require additional permitting, then DWQ will not require permitting for this
impact either.
Landowners or affected parties that dispute a determination made by the DWQ or Delegated
Local Authority that a surface water exists may request a determination by the Director. A
request fora determination by the Director shall be referred to the Director in writing c/o Cyndi
Karoly, DWQ 401 Oversight/Express Permitting Unit, 2321 Crabtree Blvd., Suite 250, Raleigh,
NC 27604-2260. Individuals that dispute a determination by the DWQ that "exempts" a surface
water may ask for an adjudicatory hearing. You must act within 60 days of the date that you
receive this letter. Applicants are hereby notified that the 60-day statutory appeal time does not
start until the affected party (including downstream and adjacent landowners) is notified of this
decision. DWQ recommends that the applicant conduct this notification in order to be certain
that third party appeals are made in a timely manner. To ask for a hearing, send a written
petition, which conforms to Chapter 1506 of the North Carolina General Statutes to the Office of
Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This
determination is final and binding unless you ask for a hearing within 60 days.
If you have any additional questions or require additional information please call me at (919)
733-5083, ext. 528.
Si rely,
^_~~
n Dorne
JRD/jrd
Enclosures: Map of the Village portion of Booth Mountain (Westfall) project
cc: Tom Reeder, DWQ
Chad Coburn, DWQ Raleigh Regional Office
File Copy
Central Files
Eric Kulz
Monte Matthews, US Army Corps of Engineers, Raleigh Field Office
Kevin Martin, Soil and Environmental Consultants
Allison Weakley, Chair, Chatham County Environmental Review Board
Filename: 20061416BoothMountain(Chatham)streamcall

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