RE_ _External_ Courtyards @ Doc Nichols Riparian Buffer Call

Hi Alex,

Since the features are depicted on the maps as ponds and determined to be subject during the last issued buffer visit, then we must treat the ponds as such. If the dams are removed,
we can allow the required amount of time to elapse and then determine what, if any, buffers still apply to previous pond areas. Please let me know if you would like to set up a meeting
and I can invite some folks from central to the discussion as well.

Thank you,

Zach Thomas

Environmental Program Consultant, Division of Water Resources

North Carolina Department of Environmental Quality

Office: [phone] | Cell: [phone]

[e-mail] <mailto:[e-mail]>

Raleigh Regional Office

1628 Mail Service Center

Raleigh, NC 27699-1628

Email correspondence to and from this address is subject to the North Carolina Public Records Law

and may be disclosed to third parties.

Based on the current guidance to minimize the spread of COVID-19, the Department of Environmental Quality has adjusted operations to protect the health and safety of the staff and public.
Many employees are working remotely or are on staggered shifts. To accommodate these staffing changes, all DEQ office locations are limiting public access to appointments only. Please
check with the appropriate staff before visiting our offices, as we may be able to handle your requests by phone or email. We appreciate your patience as we continue to serve the public
during this challenging time.

From: Alex Aycrigg <[e-mail]>
Sent: Monday, February 13, 2023 1:41 PM
To: Thomas, Zachary T <[e-mail]>
Cc: Goss, Stephanie <[e-mail]>
Subject: Re: [External] Courtyards @ Doc Nichols Riparian Buffer Call

CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. <mailto:[e-mail]>

Zach,

It doesn't seem like the riparian buffer rules are intended to buffer uplands, which is likely the situation here. I understand the idea that the historic pond areas could remanifest
at some point, but the historical record does not support that. According to historic aerials, water doesn't reach the USGS boundary as shown on the map. Since these areas are mostly
controlled by groundwater and less so by the dam structure itself; these historic pond areas as well as the streams on site spend most of the time close to dry and the dam structure
plays less of a role in determining hydroperiod. I have spent a number of hours on site through the wet and dry season and I have observed zero biology in the 1st order streams. Additionally,
my client is concerned about the costs of A) mitigation that abuts uplands in the preconstruction condition and B) mitigating a feature that does not exist in the post-construction
condition since the historic pond areas are currently proposed to be filled.

15a NCAC 02b .0714(8) specifically excludes wetlands from the buffer rules: "This Rule shall apply to activities conducted within 50-foot wide riparian buffers directly adjacent to surface
waters in the Neuse River Basin (intermittent streams, perennial streams, lakes, ponds, reservoirs and estuaries), excluding wetlands;"

The buffer rule would seem to be more accurately applied to stream origin points at the dam than the inaccurate historic pond area in this case. If possible, I would like to schedule
a meeting either onsite or virtually to discuss these ideas further.

Thanks,

Alex

<https://ci3.googleusercontent.com/mail-sig/AIorK4zjTmiNrx_DtPWQzH36dCKhFwkgdAHVdSUTNMzOV5dvgW98L9dgjAfpqvClr17B9cV4SG447GY>

Wetland and Environmental Solutions, LLC

1745 Gracechurch Street

Wake Forest, NC 27587

[e-mail] <mailto:[e-mail]>

wandenvsolutions.com <https://urldefense.com/v3/__http:/wandenvsolutions.com__;!!HYmSToo!am-kH00XubW81oFV5x3ruyzEtf4gAWsFN5CIap833BjZUgHZuKL5tug-kx2KFFDalD6EOFUP6FY9JQv8qgRJ3eW4sdOVEfCSKg$>

[phone]

On Mon, Feb 13, 2023 at 11:54 AM Thomas, Zachary T <[e-mail] <mailto:[e-mail]> > wrote:

Hi Alex,

I spoke with other staff on this situation and the buffer determination performed by Cheng is still in effect (DWR# 20-129 <https://edocs.deq.nc.gov/WaterResources/DocView.aspx?id=1209807&dbid=0&rep
o=WaterResources> ) and the ponds and features draining from the ponds are subject to the buffer rules. Since the dams for Pond 1 & Pond 2 are not breeched, then we cannot reassess
the buffer subjectivity as the situation remains the same.

If the dams are breeched/removed (in the proper manner), then we can schedule another site visit per 15A NCAC 02B .0714 (11)(e) to determine if a feature is naturally present within
the drained pond area after the 6-month timeframe has occurred. With the dams still present, there is possibility for the ponds to refill and the buffers to still be active from the
pond edge.

Thank you,

Zach Thomas

Environmental Program Consultant, Division of Water Resources

North Carolina Department of Environmental Quality

Office: [phone] | Cell: [phone]

[e-mail] <mailto:[e-mail]>

Raleigh Regional Office

1628 Mail Service Center

Raleigh, NC 27699-1628

Email correspondence to and from this address is subject to the North Carolina Public Records Law

and may be disclosed to third parties.

Based on the current guidance to minimize the spread of COVID-19, the Department of Environmental Quality has adjusted operations to protect the health and safety of the staff and public.
Many employees are working remotely or are on staggered shifts. To accommodate these staffing changes, all DEQ office locations are limiting public access to appointments only. Please
check with the appropriate staff before visiting our offices, as we may be able to handle your requests by phone or email. We appreciate your patience as we continue to serve the public
during this challenging time.

From: Alex Aycrigg <[e-mail] <mailto:[e-mail]> >
Sent: Monday, February 13, 2023 11:12 AM
To: Thomas, Zachary T <[e-mail] <mailto:[e-mail]> >
Cc: Goss, Stephanie <[e-mail] <mailto:[e-mail]> >
Subject: Re: [External] Courtyards @ Doc Nichols Riparian Buffer Call

CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. <mailto:[e-mail]>

Zachary,

I wanted to send you a follow up to our conversation last week regarding application ID# 20230059 and RRO# 20-129. The project contains two areas that are shown on the USGS map as ponds
but are functioning as small wetlands currently. The project is under review with the Corps of Engineers and we will coordinate further going forward on that. Meantime, we discussed
how to handle the two historic pond areas (I believe they are P1 and P2 on the referenced buffer call, but are the 2 features on the northeast and central portion of the proposed project).
These historic pond areas have had a highly variable hydroperiod over the past 20 years or so and appear to have been dug out of headwater areas originally, as there is no pass-through
feature. The intent of the riparian buffer rule would support using the discharge pipe of the historic pond areas as the start of the regulated stream feature. I would propose using
lat/long 35.947772/-78.794983 and 35.944912/-78.794413. Please let me know if this is a reasonable way to proceed, and we will update the plans accordingly.

Thanks,

Alex Aycrigg, PWS

<https://ci3.googleusercontent.com/mail-sig/AIorK4zjTmiNrx_DtPWQzH36dCKhFwkgdAHVdSUTNMzOV5dvgW98L9dgjAfpqvClr17B9cV4SG447GY>

Wetland and Environmental Solutions, LLC

1745 Gracechurch Street

Wake Forest, NC 27587

[e-mail] <mailto:[e-mail]>

wandenvsolutions.com <https://urldefense.com/v3/__http:/wandenvsolutions.com__;!!HYmSToo!ee0l15M9PaNEUJtCfhOfKpr6ErhA85Y5Slz9G-4VdoOZnbuiW5odXJ96RCAV7pcGd6mlNPYqD2nP-50nQaSDFnwVW8FW2waxZA$>

[phone]

On Tue, Jan 3, 2023 at 2:28 PM Thomas, Zachary T <[e-mail] <mailto:[e-mail]> > wrote:

Hi Alex,

Please submit your buffer determination request form to the [e-mail] <mailto:[e-mail]> email address and an RRO staff member will
reach out to schedule a site visit shortly after. A blank copy is also attached if needed.

Please let me know if you have any questions.

Thank you,

Zach Thomas

Environmental Program Consultant, Division of Water Resources

North Carolina Department of Environmental Quality

Office: [phone] | Cell: [phone]

[e-mail] <mailto:[e-mail]>

Raleigh Regional Office

1628 Mail Service Center

Raleigh, NC 27699-1628

Email correspondence to and from this address is subject to the North Carolina Public Records Law

and may be disclosed to third parties.

Based on the current guidance to minimize the spread of COVID-19, the Department of Environmental Quality has adjusted operations to protect the health and safety of the staff and
public. Many employees are working remotely or are on staggered shifts. To accommodate these staffing changes, all DEQ office locations are limiting public access to appointments only.
Please check with the appropriate staff before visiting our offices, as we may be able to handle your requests by phone or email. We appreciate your patience as we continue to serve
the public during this challenging time.

From: Rowland, Kelsey S <[e-mail] <mailto:[e-mail]> >
Sent: Tuesday, January 3, 2023 1:23 PM
To: Alex Aycrigg <[e-mail] <mailto:[e-mail]> >; Montalvo, Sheri A <[e-mail] <mailto:[e-mail]> >
Cc: Thomas, Zachary T <[e-mail] <mailto:[e-mail]> >
Subject: RE: [External] Courtyards @ Doc Nichols Riparian Buffer Call

Hi Alex,

You will want to go through the Raleigh Regional office (cc’d) for your buffer call request.

Best,

Kelsey

Kelsey Rowland, MEM

Environmental Specialist, Division of Water Resources

North Carolina Department of Environmental Quality

[phone]

[e-mail] <mailto:[e-mail]>

1617 Mail Service Center, Raleigh, NC 27699-1617

From: Alex Aycrigg <[e-mail] <mailto:[e-mail]> >
Sent: Monday, January 2, 2023 1:10 PM
To: Montalvo, Sheri A <[e-mail] <mailto:[e-mail]> >; Rowland, Kelsey S <[e-mail] <mailto:[e-mail]> >
Subject: [External] Courtyards @ Doc Nichols Riparian Buffer Call

CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to Report Spam. <mailto:[e-mail]>

Sheri,

Please find attached Buffer request for a site in east Durham County, Neuse drainage. Please contact me to arrange a site visit to review the request.

Thanks!

Alex Aycrigg, PWS

<https://ci3.googleusercontent.com/mail-sig/AIorK4zjTmiNrx_DtPWQzH36dCKhFwkgdAHVdSUTNMzOV5dvgW98L9dgjAfpqvClr17B9cV4SG447GY>

Wetland and Environmental Solutions, LLC

1745 Gracechurch Street

Wake Forest, NC 27587

[e-mail] <mailto:[e-mail]>

[phone]

]