20240278 Ver 2_0 Radio Station Rd_DWR Stream Appeal Package_20240415

ANU
DAVEYJI-.
Resource Group
April 11, 2024
TO: Stephanie Goss - DWR 401 & Buffer Permitting Branch
Permitting Branch Supervisor
1617 Mail Service Center
Raleigh, NC 27699-1617
RE: 0 Radio Station Road Stream Determination DWR
2024-278 Greenville, NC 28834 (Pitt County)
Stream Buffer Applicability Determination Appeal
Dear Stephanie,
On behalf of our client, Blu Ladder Construction and Daly Hotel Management, Davey Resource
Group (DRG) would like to submit an appeal request for an on -site determination of stream
features conducted by the NC Division of Water Resource (DWR) on February 21, 2024, within a
site located at 0 Radio Station Road in Greenville, Pitt County, NC. We respectfully submit this
appeal request based upon the stream determination findings of our staff utilizing the
standardized Methodology for Identification of Intermittent and Perennial Streams and Their
Origins (Version 4.11). More detailed information regarding our findings is presented below.
DRG staff member, Paul Farley, conducted the initial stream determination evaluation of the
channel in question on July 28, 2022 during a routine wetland/waters delineation. A subsequent
stream determination was conducted by DRG staff member, Wes Fryar, on April 10, 2024. As
indicated above, the assessment was premised on the established DWR methodology. NC
DWQStream Identification Form (Version 4.11) was used to assess geomorphology, hydrology,
and biology at two locations within the channel. Mr. Fryar completed the first form within
the upper limit of NCDWR's stream call from February (Site 1). The second form was completed
approximately 250 feet further down the channel (Site 2). It should also be noted that a
previous stream buffer determination has been completed by NCDWR on November 1, 2013
(DWQ# 13-1144) and placed the stream buffer origin in the same place identified by DRG staff.
Site 1 exhibited indicators of a linear agriculture ditch with no active or relict floodplain. While
the feature appeared to be historically deepened and straightened, it lacked many indicators of
intermittent or perennial flow. Evidence of a continuous channel bed and bank was weak and
flow was observed entering the feature from a stormwater culvert along Stantonsburg Rd. This
section did not exhibit any riffle pool sequence and no macrobenthos were observed. This
feature scored 15.75 using the Stream Form. This feature is shown on Figure 5, a 1957 aerial
photograph as a farm ditch that extends up and behind an existing house and farm field.
Site 2 scored 28.75 points using the same methodology. The main difference between the two
sites was the geomorphology. At Site 2 the feature has a larger, more active floodplain within
the channel and numerous bars and benches were observed. Site 2 also has more sinuosity
1
Phone: [phone]
3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403
daveyresourcegroup.com/carolinas

ANU
DAVEYJI-.
Resource Group
along the thalweg, and iron oxidizing bacteria can be seen oozing from the bottom of the
channel sides. The stream start identified by DRG (and previously DWR) above Site 2 begins at a
grade control with a small head cut. It appears that Site 2 receives more baseflow based on
natural topography. This area is also observable on the 1957 aerial photography as a wetter part
of the field, which is bisected by numerous ditches. Several small head cuts and natural grade
controls were observed within this section of channel. Small aquatic worms were observed
within this section, but no other macrobenthos or aquatic fauna were observed.
Based upon these findings, the jurisdictional stream originates at 35.605766-77.424753
(approximately 500 ft down -gradient from the DWR ephemeral/intermittent point) as shown in
the DRG Stream Determination Findings.
It should also be noted that NCDWR performed the initial stream determination on February 21,
2024 on their own and without the presence of the site consultant, as requested. The follow up
visit with DRG, which was scheduled on March 4th, 2024, occurred two days after a significant
rainfall event. The NC Chronos website shows that the general area received 1.53" of
precipitation between February 21 and March 4, 2024, and received 0.23" of rainfall on the day
that the stream determination was performed (though it is unknown if the rain event on the day
of the evaluation was prior to, or after, the field site assessment was performed). The general
guidance from the NC DWQ-Methodology for Identification of Intermittent and Perennial
Streams and Their Origins (v. 4.11) states that it takes 48 hours for increased streamflow to
attenuate. It is possible that the antecedent rainfall led to a higher score on the stream
determination that was completed on March 4.
Please see the attached file containing maps, stream forms, a photo appendix, APT results, and
watershed information. We respectfully appeal the NC DWR stream determination made for this
feature and request a site meeting to discuss these findings.
Sincerely,
Davey Resource Group, Inc.
A—&)tA—tA--'7 N • c" e,
Wes Fryar
Area Manager
2
Phone: [phone]
3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403
daveyresourcegroup.com/carolinas

0 Radio Station Road
Pitt County
Stream Determination Appeal Attachments
Table of Contents
1. Site Maps
Figure 1. Vicinity Map
Figure 2. Topographic Map
Figure 3. LiDAR Map
Figure 4. Soils Map
Figure 5. 1957 Aerial
Figure 6. 1998 Aerial
Figure 7. 2020 Aerial
Figure 8. DRG Delineation Sketch of Findings
2. NC DWR Stream Determination Letter
3. NC DWQ Stream Identification Form (Version 4.11)
4. Photo Appendix
5. Antecedent Precipitation Tool Data
6. NC Chronos Rainfall Graph
7. StreamStats Watershed Information

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2. NC DWR Stream Determination Letter

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
Greenville Station Road Apartments LLC
Attn: Patrick L Daley Jr.
108 State Street, Suite 300
Greensboro, NC 27408
NORTH CAROLINA
Environmental Quality
2/21/2024
DWR Project 20240278
Pitt County
Subject: On -Site Determination for Applicability to the Tar -Pamlico Buffer Rules (15A NCAC 02B .0734)
Project Name: 0 Radio Station Road Tract
Site Address / Location: 35.605374,-77.425133
Dear Mr. Daley:
On February 21, 2024, DWR staff Brooks Sherman conducted an on -site review of features located on
the subject property at the request of Paul Farley with Davey Resources Group to determine the
applicability of the above -noted state regulations.
The Division of Water Resources has determined that streams listed in the table below and identified on
the attached maps are shown on either the most recently published NRCS Soil Survey of Pitt County
and/or the USGS National Map at a scale that incorporates the National Hydrography Dataset High
Resolution data at 1:24,000 scale. Streams that are listed as "Subject" on the below table have been
located on the ground at the site and possess characteristics that qualify them to be at least intermittent
streams in accordance with the NC Stream Identification Manual v.4.11 and therefore subject to the Tar -
Pamlico Buffer Rules. Please be aware that features identified as "not subject" may be considered
jurisdictional according to the US Army Corps of Engineers and subject to the Clean Water Act.
Subject
Depicted
Feature
E/I/P/ Other
to Buffer
Start @
Stop @
on
Depicted on
ID
Rules
Soil Survey
USGS Topo
Reach 1
Perennial
Yes
Southwest property
East property
Yes
No
boundary
boundary
Confluence with
Reach 2
I-P
Yes
North property boundary
Yes
No
Reach 1
Reach 3
Not Present
No
Not Present
Not Present
Yes
No
North Carolina Department of Environmental Quality I Division of Water Resources
,c:5:fD_E > 512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611
NORTH CAROLINA 919.707.9000
oepdmem of BA —mental push

DWR 20240278
Radio Station Rd
Pitt County
Page 2 of 6
This on -site determination shall expire five (5) years from the date of this letter. The owner (or future
owners) should notify the Division (and other relevant agencies) of this decision in any future
correspondences concerning this property. Landowners or affected parties that dispute this
determination made by the Division may request a determination by the Director of Water Resources.
This determination is final and binding, unless an appeal request is made within sixty (60) calendar
days of the date of this letter to the Director in writing.
If sending via U.S. Postal Service:
Stephanie Goss - DWR 401 & Buffer
Permitting Branch Supervisor
1617 Mail Service Center
Raleigh, NC 27699-1617
If sending via delivery service (UPS, FedEx, etc.)
Stephanie Goss -DWR 401 & Buffer
Permitting Branch Supervisor
512 N Salisbury St.
Raleigh, NC 27604
This letter only addresses the applicability of the stated regulations on the features identified on the
subject property and/or within the proposed project area. This letter does not approve any activity
within buffers or within waters of the state. There may be other regulated waters, streams or other
features located on the property that do not appear on the maps or table referenced above. Any
waters, streams, or other features on the site, including the features identified in this letter, may be
considered jurisdictional according to the US Army Corps of Engineers and subject to the Clean Water
Act. If you have any additional questions or require additional information, please contact Brooks
Sherman at 252-945-0205 or [e-mail] . This determination is subject to review as
provided in Articles 3 & 4 of G.S. 150B.
Sincerely,
Robert Tankard, Assistant Regional Supervisor
Water Quality Regional Operation Section Division of
Water Resources, NCDEQ Washington Regional Office
Enclosures: USGS Topographical Map
published NRCS Soil Survey
Electronic cc: Patrick Daly [e-mail]
Paul Farley [e-mail]
USACE Washington Regulatory Field Office
DWR, WaRO Regional Office
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611
NORTH CARO_EQ�
NA J. 919.707.9000
uepanmem mevl o, eemi ouar� /`�

DWR 20240278
Radio Station Rd
Pitt County
Page 3 of 6
North Carolina Department of Environmental Quality I Division of Water Resources
,�D-E Q 7> 512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611
NORTH O oepenmemmenof BAwronmen:ai 919.707.9000
e��r� /`�

DWR 20240278
Radio Station Rd
Pitt County
Page 4 of 6
North Carolina Department of Environmental Quality I Division of Water Resources
,c:5::fD_E Q 7> 512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611
NORTH O oepenmemmenof BAwronmen:ai 919.707.9000
e��r� /`�

DWR 20240278
Radio Station Rd
Pitt County
Page 5 of 6
North Carolina Department of Environmental Quality I Division of Water Resources
,�D-E Q 7> 512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611
NORTH O oepenmemmenof BAwronmen:ai 919.707.9000
e��r� /`�

DWR 20240278
Radio Station Rd
Pitt County
Page 6 of 6
Blue lines indicate mapped streams shown on the most recent published NRCS Soil Survey and/or the USGS
National Map online at https: 1/aps.nationalmal2.gov/viewer. Blue line mapped streams have been determined to
be at least intermittent in nature on the DWR Stream Identification Form Version 4.11. Blue line mapped streams
are therefore subject to the Tar -Pamlico River Basin Riparian Buffer Regulations (15A NCAC 02B .0734).
Red lines indicate unmapped and/or mapped features determined to be less than intermittent in nature on the
DWR Stream Identification Form Version 4.11. Red lines may also indicate man made features such as ditches,
neither of these features are subject to the Tar -Pamlico River Basin Riparian Buffer Regulations (15A NCAC
02B .0734).
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611
D_ E Q �
NORTH CAROLINA 919.707.9000
oepenmemmenwronmen:al e��l�� /`�

3. NC DWQ Stream Identification Forms (Version 4.11)

NC DN Q Stream Identification Form Version 4.11
Date: 03/26/2024 Project(Site: 0 Radio St. Rd. Latitude:35.605706
Evaluator: W. Fryar (DRG) County: Pitt Longitude:-77.424753
Total Points: Stream Determination (circle one) Other
Stream is at least intermittent 15.75 Eph eral Inte ttent Pere ial e.g. Quad Name: SF1
if - 19 or perennial if _ 30`
A. Geornor hold [Subtotal =4.0 }
Absent
Weak
Moderate
Strong
1 a Continuity of channel bed and bank
0
Q
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
1
2
3
4. Particle size of stream substrate
1
2
3
5. Active/relict floodplain
0
1
2
3
6. Depositional bars or benches
C
1
1
2
2
3
3
7. Recent alluvial deposits
8. Headcuts
1
2
3
9. Grade control
0
<=
1
1.5
10. Natural valley
0
0.5
1 1.5
Yes = 3
11. Second or greater order channel
artmciai ancnes are not rates; see discussions in manual
B. Hvdroloav (Subtotal = 6.5 11
12. Presence of Baseflow
0
1
3
13. Iron oxidizing bacteria
0
1
2
3
14. Leaf litter
1.5
0.5
0
15. Sediment on plants or debris
C0
0.5
1
1.5
16. Organic debris lines or piles
0
0.5
1
1.5
17. Soll-based evidence of high water table?
No = 0
es
,,,. mlui(itiv I JllninU'L = a.Lo 5
18. Fibrous roots in streambed
3
1
0
19. Rooted upland plants in streambed
3
1
0
20. Macrobenthos (note diversity and abundance)
<=>
1
2
3
21. Aquatic Mollusks
<=
1
0.5
2
1
3
1.5
22. Fish
Q
23. Crayfish
a
0.5
1
1.5
24. Amphibians
Q
0.5
1
1.5
25. Algae
0
5=
1 j
1.5
26. Wetland plants in streambed
CFACW = 0.7 OBL = 1.5 Other = 0
'perennial streams may also be identified using other methods. See p. 35 of manual.
Notes:
Sketch:

NC DWp Stream Identification Form Version 4.11
Date: 03/26/2024 Project/Site:0 Radio St. Rd.
Evaluator: W. Fryar (DRG)
Total Points:
Stream is at least intermittent 28.75
if>_ 19 or perennial if>_ 30'
County: Pitt
Latitude: 35.605453
Longitude:-77.424683
Stream Determination (circle one) Other
EphWeral InterMittent Pereppial e.g. Quad Name: SF2
A. Geomorphology (Subtotal =.13.0 a
Absent
Weak
Moderate
Strong
1 ",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
1
Q
3
4. Particle size of stream substrate
0
1
2
3
5. Active/relict floodplain
0
2
3
6. Depositional bars or benches
0
9Q
2
3
7. Recent alluvial deposits
0
1
2
3
8. Headcuts
0
1
2
3
9. Grade control
0
0.5
1.5
10. Natural valley
0
0.5
1
1.5
11. Second or greater order channel
Yes = 3
" artificial ditches are not rated; see discussions in manual
B. Hvdroloov tSuhfotal = 8.5 1
12. Presence of Baseflow
0
1
0
3
13. Iron oxidizing bacteria
0
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
0.5
<Z ED
1.5
17. Soil -based evidence of high water table?
<o =
Yes = 3
G. Bioloov (Subtotal = f.25
18. Fibrous roots in streambed
3
1
0
19. Rooted upland plants in streambed
3
1
0
20. Macrobenthos (note diversity and abundance)
0
1
2
3
21. Aquatic Mollusks
<0
1
2
3
22. Fish
Q
0.5
0.5
1
1
1.5
1.5
23. Crayfish
0
24. Amphibians
0
0.5
1
1.5
25. Algae
0
0.5
<1
1.5
26. Wetland plants in streambed
ACIN = 0.7 OBL = 1.5 Other = 0
*perennial streams may also be identified using other methods. See p. 35 of manual.
Notes:
Sketch:

4. Photo Appendix

Site 1/Form 1: Ephemeral
Ditch Excavated in farm field. Approximately 8-ft deep. Water in channel from stormwater
pond. Weak geomorphology and biology.

Site 2/Form 2: Intermittent
Headcut/Grade Control at E/I Break
Intermittent section with sinuosity, bars and benches, iron oxidizing bacteria

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5. Antecedent Precipitation Tool Data

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7. StreamStats Watershed Information

4/2/24, 3:43 PM StreamStats
StreamStats Report Basin Size: —24.4 acres
Region ID: NC
Workspace ID: NC20240402194236246000
Clicked Point (Latitude, Longitude): 35.60585,-77.42484
Time: 2024-04-02 15:42:57 -0400
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USGS Data Disclaimer: Unless otherwise stated, all data, metadata and related materials are considered to satisfy the quality standards
relative to the purpose for which the data were collected. Although these data and associated metadata have been reviewed for accuracy
and completeness and approved for release by the U.S. Geological Survey (USGS), no warranty expressed or implied is made regarding the
display or utility of the data for other purposes, nor on all computer systems, nor shall the act of distribution constitute any such warranty.
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Application Version: 4.19.4
StreamStats Services Version: 1.2.22
NSS Services Version:
https://streamstats.usgs.gov/ss/ 1 /1