20240980_DonaldWilliamsRevTrust_920AveretteRd_WakeForest_Wake_RRO 24-010_Stream Det_Appeal_notsigned_7-24-24

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
Sarah I. Menser, LSS
Soil Services, PLLC
faro
NORTH CAROLINA
Environmental Quality
July 24, 2024
DWR Project 20240980, RRO #24-010 Appeal
Wake County
Delivery via email sarah0soilservices.us
Subject: Appeal Determination for Applicability to the Neuse Buffer Rules (15A
NCAC 02B .0714)
Project: Averette Road Property
Address: 0 and 920 Averette Road, Wake Forest, NC 27587
Location: Lat., Long: 35.951854,-78.451674
Dear Sarah:
On February 21, 2024, the Division of Water Resources (DWR) received a request from
you, on behalf of Daryl Williams for Donald Williams Rev. Trust & FJ Williams &
Elizabeth Hamilton to appeal an on -site Buffer Determination, for Feature B only,
made by the DWR Raleigh Regional Office as provided in 15A NCAC 02B .0714 (4) of
the Neuse Buffer Rules. On June 11, 2024, Shelton Sullivan of the DWR Central Office
conducted an on -site inspection of Feature B on the subject site to determine
applicability to the Neuse Buffer Rules 15A NCAC 02B .0714. Sarah Menser of Soil
Services, PLLC accompanied DWR during the site visit.
The enclosed map(s) depict the feature(s) evaluated and this information is also
summarized in the table below. Features were evaluated for being ephemeral,
intermittent, and for subjectivity to the referenced regulations. Streams or features
that are considered "Subject" have been located on the most recently published County
NRCS Soil Survey and/or the most recent copy of the USGS Topographic (at 1:24,000
scale) map(s), have been located on the ground at the site, and possess characteristics
that qualify them to beat least intermittent. Features that are considered "Not Subject"
have been determined to not be at least intermittent streams, not present on the
property, or not depicted on the required maps.
NORTHCAROLINAD_E Q��
oepaNmem of Environmental Uual\
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
919.707.9000

Page 2of3
Averette Property
DWR # 24-010 Appeal
The following table lists the features observed and evaluated for the appeal
determination during the DWR site visit. See the attached map(s) for reference.
r
Subject
Depicted on
p
Depicted
Feature ID
Feature Type*
to Buffer
Start @
Stop @
on
Rules
Soil Survey
USGSTopo
B
Ephemeral
No
Downslope of
BI near
Yes
Yes
Pond
southern
property
boundary,
outlet side of
culvert and
farm road
BI
Stream
Yes
BI near southern
Continues
Yes
Yes
Intermittent
property
downstream,
boundary, outlet
off property
side of culvert
and farm road
Pond (as
Pond
_
No
N/A
Yes
Yes
previously
determined
2/9/24)
A
Ephemeral
No
Culvert at North
West Property
Yes
No
(as previously
Property
Boundary
determined
I
Boundary
2/9/24) 1 1 1 1
* stream (ephemeral, intermittent, perennial), ditch, swale, wetland, other
This appeal determination shall expire five (5) years from the date of this letter.
This appeal determination replaces the determination originally performed by the
DWR as documented in their letter dated February 9, 2024.
This appeal determination is final and binding and 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 [phone].
A party filing a Petition must serve a copy of the Petition on:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601

Page 3of3
Averette Property
DWR # 24-010 Appeal
If the party filing the Petition is not the owner, then the party must have
authorization from the owner or also serve the owner in accordance with N.C.G.S
15013-23(a).
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 or adjacent property that do not appear on the maps 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. Please note that the DWR acknowledges
all areas and boundaries identified by the US Army Corps of Engineers as jurisdictional
waters and/or wetlands.
This determination is subject to review as provided in Articles 3 & 4 of G.S. 1SOB. If
you have any additional questions or require additional information, please call
Shelton Sullivan with the DWR at 919-707-3636 or shelton.sullivanOdeq.nc.gov.
Sincerely,
Stephanie Goss, Supervisor
401 & Buffer Permitting Branch
Attachments: Site Map, Photo(s), Published NRCS Soil Survey, USGS Topographical
Map, Photos if applicable, Stream Rating Form(s)
cc: 401 & Buffer Permitting Branch project file
Micheal Hall, Raleigh Regional Office Supervisor, micheal.hallodeq.nc.gov
Daryl Williams for Donald Williams Rev. Trust, darylwilliams690icloud.com
Filename: 20240980_DonaldWilliamsRevTrust_920AveretteRd_WakeForestWake _RRO 24-010_Stream Det_Appeal_7-24-24

Ave rette Road, DWRAppea[ Call, 6/11/2024, Shelton Sullivan
Lida Site Map, Approximate Locations mapped.
\\--'�J�

N RCS Soils map
- - q
ti -M

USGS Map

Photos
BI Start
BI Looking downstream
BI Start Location

NC DWQ Stream Identification Form Version 4.11
?') ,.to=�'%'
Date:(0 ( ffAZ4
Project/Site: ..�.�
Latitude:
Evaluator: ; ",V-
CounbF(&qV_X. QA
Longitude:
Total Points:
Stream is at least intermittent
termination (circle one)
Other
if>_ 19 or perennial if>_ 30* 1
Ephemera ntermittent Perennial
e.g. Quad Name:
A. Geomorphology (Subtotal = . V
Absent
Weak
Moderate
Strong
,a, Continuity of channel bed and bank
0
1
3
2. Sinuosity of channel along thalweg
0
CD
2
3
3. In -channel structure: ex. riffle -pool, step -pool,
ri le- ool sequence
0
2
3
4. Particle size of stream substrate
0
2
3
5. Active/relict floodplain
1
2
3
6. Depositional bars or benches
1
2
3
7. Recent alluvial deposits
1
1
2
2
3
3
8. Headcuts
9. Grade control
0
1
1.5
10. Natural valley
0
1
1.5
11. Second or greater order channel
lip
CEL t>
Yes = 3
artificial ditches are not rated; see discussions in manual
B. Hydrology Subtotal =
12. Presence of Baseflow
dD
1
2
3
13. Iron oxidizing bacteria
CP1
2
3
14. Leaf litter
1.5
0.5
0
15. Sediment on plants or debris
0
®
1
1.5
16. Organic debris lines or piles
0
1
1.5
=
17. Soil -based evidence of high water table?
No = 0
C. Biology (Subtotal = 4 'Z'S }
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
2
3
22. Fish
0.5
1
1.5
23. Crayfish
0.5
1
1.6
24. Amphibians
0.5
1
1.5
25. Algae
0.5
1
1.5
26. Wetland plants in streambed
FACW 0. OBL = 1.5 Other = 0
*perennial streams may also be identified using other methods. See p. 35 of manual.
Notes:
Ir
W^_
Sketch:
�e�
r
JW6? mw .� IT
Wr A
0

NC DWO Stream identification Form Version 4.13 L.'-�
Date: 4
Project/Site:4(lote
Latitude:- -
Evaluator:
Coun
kAA
Longitude:
Total Points:
Stream is at least intermittent
Stream Determ,LY 'on (circle one)
Ephemeral
Other
Name:
n`termitten erennial
e.g. Quad
if >_ 19 or perennial if >_ 30* t
A. Geomorphology (Subtotal =_LQL=J
Absent
Weak
Moderate
Strong
1 a. Continuity of channel bed and bank
0
1
3
2. Sinuosity of channel along thalweg
0
2
3
3. In -channel structure: ex. riffle -pool, step -pool,
ripple -pool sequence
0
1
3
4. Particle size of stream substrate
0
2
3
5. Active/relict floodplain
0
1
Cm>
3
6. Depositional bars or benches
0
2
3
7. Recent alluvial deposits
0
2
3
8. Headcuts
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
o =.22
Yes = 3
R Purirnlnnu (Siihfntal r ]
12. Presence of Baseflow
0
V
2
3
13. Iron oxidizing bacteria
1
2
3
14. Leaf litter
1
0.5
0
15. Sediment on plants or debris
C<P
1
1.5
16. Organic debris lines or piles
0
CLy
1
1.5
17. Soil -based evidence of high ater table?
No = 0
es = Z3
(- Rinlnnu /Ci 1htntal = In 1
18. Fibrous roots in streambed
2
1
0
19. Rooted upland plants in streambed
2
1
0
20. Macrobenthos (note diversity and abundance)
1
2
3
21. Aquatic Mollusks
1
2
3
22. Fish
(D
0.5
1
1.5
_
23. Crayfish
8P
0.5
1
1.5
24. Amphibians
0.5
1
1.5
25. Algae
0.5
1
1.5
26. Wetland plants in streambed
---- FACW = 0.75; OBL = 1.5 Other = 0
"perennial streams may also be identified using other methods. See p. 35 of manual.
Notes:
Sketch:
k
�b V✓ n
9
V((/t/^I