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Home My WebLink About20210756 Ver 1_Buffer and/or Stream Appeal Determination_20210618DocuSign Envelope ID: 5F296663-0981-4973-8E49-C70DAFFF6C7C ROY COOPER Governor JOHN NICHOLSON Interim Secretary S. DANIEL SMITH Director NORTH CAROLINA Environmental Quality June 18, 2021 DWR Project # 20210756 Wake County Troy Beasley, Senior Environmental Scientist Withers Ravenel tbeasley@withersravenel.com Subject: On -Site Appeal Determination for Applicability to the Neuse River Riparian Buffer Rules Title 15A North Carolina Administrative Code (NCAC) 02B .0714 Location: Quantum Park, McCrimmon Parkway Tract, Morrisville, Wake County, NC Lat., Long. 35.845422,-78.816262 Dear Sir: On March 18, 2 02 1, the Division of Water Resources (DWR) received a request from you, to appeal an on -site determination made by the Town of Morrisville as provided in Title 15A NCAC 02B .0714 (4) of the Neuse River Riparian Buffer Rules. On April 22, 2021, Shelton Sullivan of DWR, conducted an on -site determination to review Feature B Stretch 2 on the property for applicability to the Neuse River Riparian Buffer Rules 15A NCAC 02B .0714. According to Title 15A NCAC 02B .0714 and based on the April 22, 2021 field evaluation, DWR has determined that Feature B Stretch 2 rates as an ephemeral stream and not subject to the Neuse River Riparian Buffer Rules. See the below table, attached photographs, maps, and stream form. Subject to Feature ID Feature * E/I/P/ Other Buffer Start @ Stop @ Depicted on Depicted on Type Rules Soil Survey USGS Topo Feature B Stream Ephemeral No Headcut Confluence Yes No Stretch 2 of Feature A This determination is only for Features B Stretch 2 and replaces the determination originally performed by the Town of Morrisville as documented in their attached letter dated January 19, 2021 for Feature B Stretch 2. This determination shall expire five years from the date of this letter. E Q�� North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 NORTH CAROLINA - Oepat4aent at EnvimnmeMel Duality 919.707.9000 DocuSign Envelope ID: 5F296663-0981-4973-8E49-C70DAFFF6C7C DWR Project 20210756 Wake County Page 2 of 2 This Determination can be contested as provided in Chapter 150B of the North Carolina General Statutes by filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set forth in Chapter 150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code. Additional information regarding requirements for filing a Petition and Petition forms may be accessed at http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431- 3000. One (1) copy of the Petition must also be served to the North Carolina Department of Environmental Quality: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 This letter only addresses the applicability to the buffer rules on the subject property and does not approve any activity within any riparian buffers. Nor does this letter approve any activity within waters of the of the State or waters of the United States, which include wetlands. Any activities along these features may require 404/401 permits and certifications. Any inquiries regarding applicability to Section 404 of the Clean Water Act should be directed to the US Army Corps of Engineers Raleigh Regulatory Field Office at (919)-554-4884. If you have any additional questions or require additional information, please call Shelton Sullivan with DWR at (919) 707-3636 or email at shelton.sullivan@ncdenr.gov . Sincerely, DocuSigned by: 949D91BA53EF4E0... Paul Wojoski, Supervisor 401 & Buffer Permitting Branch Attachments: Photographs; NRCS Soil Survey; USGS Topo; DWR Stream ID Form; Copy of Letter from the Town of Morrisville cc: 401 & Buffer Permitting Branch Laserfiche File Gary Kreiser, Withers Ravenel, gkreiser0withersravenel.com Ben Mills, Town of Morrisville, benmills@townofmorrisville.org Filename: 20210756_McCrimmonParkwayMorrisville_StreamAppeal_Ltr t :ne.K �Wk ,71 VFIV \ ' 1 7 < k7 :yr. DocuSign Envelope ID: 5F296663-0981-4973-8E49-C70DAFFF6C7C vvaKe L ounuy Jon Survey 1 GRAPHIC SCALE ISO sm 1 inch =3WI PREATUREQ PCrC2 u r e 1 POND (RECENTLY DRAINED) E .D3 WB2 WW FEATURE A m N Feature B Stretch 2 • �1 cfc i � y REVIEW ,AREA MCCRIMMON PARKWAY TRACT WAKE CC. SOIL SURVEY (19701- SHEET 3C IF NIMP WithersRavenel ruwurrtr nCRlnfiACUFx DocuSign Envelope ID: 5F296663-0981-4973-8E49-C70DAFFF6C7C I GRAPHIC SCALE l L l 6 150 300 i .. -ti r iaw ti Um - f FEATURE D ! •� rr + POND1,� f (RECENTLY DRAINED] FEATURE A 1r IL N 14 +� FEATl1RE 6 1 FEATURE yr Feature B Stretch REVIEW AREA . •, � � — �� r X 1 l MCCRIMMON PARKWAY TRACT USGS QUAD (2019) -CARY WithersRavenel Engin° j Pipn N J 5V,,,-, Y.ld H 0 Nn .YSi:X C'.W._lll11 DocuSign Envelope ID: 5F296663-0981-4973-8E49-C70DAFFF6C7C JLream Kaung L1vvK 4/GG/G1 NC DWO Ni P.am Id"tiiiraMd%ini R4%vm VPrAnn d A 1 Date: ProjectAlts: +^ Latitude: Evaluator: Cvunt}� LunQitude: Total Points: S2raem �s at 1aaar,rr7emurtG„I rmination (rinde one) Epheme ntermRtent Perennial Other Ouad x 9 ar eraemr+st u i} W, 04. Nsvw.. A- Goomor hod 5ubiodel ; n h D } I Absent Weak Ma Strong 1''bannnultyr of cnamnM bed end bank 0 1 1 -"rate a 2_ Sind of di nel ainng thww5Ky 0 3 3. In-�lhannel structureL ex, riN"ool, sip.pool, fl I se uenre 2 4. Particle 6to rN stream vkstr8ti 0 2 3 5, Ac%,elnellcliioodpiain 1 g 3 S. DepoAonai bars or benches 7. F egcenl allalwl2! clapoaila 1 g g 9_ Headcuts U 1 0.5 2 1 1.5 a- grade corftl 10_ Naturalvadley0 11. SMwed or grealaf &dlbr channel a = 0 YaS _ aW—W 6-LUMb HIM I NJ i:d-.UG. bee umuussluns in manual L B_ H r-ol aublotal = i +{' 12. Presence of B$aailaw 1 2 3 13, Iran ox3dii�r,q bacteria 0 2 3 14. Leaf Witter 1.6 Q.5 0 15. Sedlmem on nh� or clBbris 4 1 1.5 16_ Organic debris Ilnes or Pliss 4 1 1.5 17. SoII-hasad a+ridenoe of high wake No = 0 Yes = 3 . BICIDQV (3ubt0l:al = 1 �'►a 10_ FibTms roots In sU-earndad 3 2 6 19- R4otad w land plants in atmmmbed 3 1 0 20. Mecrobenthas nde dhrersuy and Oundonce) 1 2 3 31. A uatie MollmAns 1 g 3 22. FWh _ 0.5 1, t 1 JIS 1,5 3, C4MyHSh 0.5 24. Am hlblaw 0.5 1 1.Cr N, A l a f22 1 0,5 26_ Wedand Lmms In sbvarnhed FAUN m 0,7�: OBL = 1 5 Other;; 0 .perennial avews may aim be rdenli&W using aMer meftds, Ses P. v5 ar manuel, i r, � ,!�,� CA �_f-� 10 DocuSign Envelope ID: 5F296663-0981-4973-8E49-C70DAFFF6C7C Morrisville Live connected. Live well, January 19, 2021 Mr. Ed White Morrisville Properties, LLC 8320 Society Place Raleigh, NC 27615 RE: Stream Origin Determination Project: Quantum Park Site Address: o Airport Blvd Wake County PIN # 0756323768, 0756330565, 0756420816, 0756427975 TOM#: DETER-20-0016 Dear Mr. White: On Thursday, January 7, 2021, the Town of Morrisville conducted an on -site investigation to review the potential streams located on/adjacent to the subject property for applicability to the Town of Morrisville Unified Development Ordinance (UDO), Section 6: Riparian Buffers. The streams are labeled as "Feature A" and "Feature B" on the attached USGS and USDA Soils map. Staff certified to determine stream origin points per the North Carolina Department of Environment Quality (NC DEQ) Division of Water Quality (DWQ) Surface Water Identification Training and Certification (SWITC) observed the features in question. The Town of Morrisville has determined that the stream labeled as "Feature A" on the attached map is at least intermittent and is subject to the 50' Buffer Rule. It was also determined that sections of the stream labeled "Feature B" are at least intermittent and are subject to the 50' Buffer Rule, while other sections are not at least intermittent, and are not subject to the 50' Buffer Rule. Feature Not Subject Start@ Stop@ Soil USGS Subject Survey To 0 Feature A X Start of pond at orange 150' downstream X X Stretch 1 tape at pink wetland flag noted "S4 Stop" Feature A X Pond outlet rip rap Property X X Stretch 2 channel boundary Feature B X Southern property 6' Headcut X -- Stretch 1 boundary Feature B X 6' Headcut Confluence X -- Stretch 2 Explanation: The feature(s) listed above has or have been located on the Soil Survey of Wake 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 determined not to be a stream or is not present on the property. Features that are checked "Subject" have been located on the property and possess characteristics that qualify it to be a stream. There may be other streams located on your property that do not show up on the maps referenced above, but still may be considered jurisdictional according to the US Army Corps of Engineers and/or to the Division of Water Resources. iou'1'own hall Drive I NJtw i%�, iIle. NU 27560 } P! Sir 40',,;.u2uu I V' 91ra-481.2907 l Wwaufmorrisville-nug DocuSign Envelope ID: 5F296663-0981-4973-8E49-C70DAFFF6C7C Morrisville Live connected. Live well, 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 to the DWR 401 & Buffer Permitting Unit, 1650 Mail Service Center, Raleigh, NC 27699-1650. If you dispute the Director's determination you may file a petition for an administrative hearing. You must file the petition with the Office of Administrative Hearings within sixty (60) days of the receipt of this notice of decision. 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 8:0o am and 5:00 pm, except for official state holidays. To request a hearing, send the original and one (1) copy of the petition to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699- 6714. The petition may also be faxed to the attention of the Office of Administrative Hearings at (919) 733-3478, provided the original and one (1) copy of the document is received by the Office of Administrative Hearings within five (5) days following the date of the fax transmission. A copy of the petition must also be served to the Department of Natural Resources, c/o Mary Penny Thompson, General Counsel, 1601 Mail Service Center, Raleigh, NC 27699-1601. 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 4041401 Permit for the proposed activity. Any inquiries should be directed to the Division of Water Resources (Central Office) at (919)-807-6301, and the US Army Corp of Engineers (Raleigh Regulatory Field Office) at (919)-554-4884• Respectfully, Ben Mills, PE Stormwater Engineering Manager Attachment(s) cc: File iou'1'own hall Drive I A1t3rris011e, N(. 27,Gu } P! Sir)40',,;.u20u 1 V' 91r-481.2907 1 WwaufmoreisVi11e.us-r,