20080034 Ver 2_Buffer Determination_20080124

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H. Sullins, Director
Division of Water Quality
January 24, 2008
DWQ Project # 2008-0034, Version 2
Durham County
Page 1 of 2
Mr. Jeff Heisler
The Community Builders, Inc.
2920 Dr. William G. Weathers Drive
Louisville, KY, 40211
Subject Property: Goley Homes Site, Durham, Durham County
On-Site Determination for Applicability to the Neuse River Riparian Area Protection Rules (l5A NCAC 2B
.0233)
Dear Mr. Heisler:
On January 23, 2008, at your request, Larry Eaton, Alicia DuClos and I conducted an on-site determination to
review a stream feature located on the subject property for applicability to the Neuse Buffer Rules (15A NCAC 2B
.0233). The stream is labeled as "A" on the attached map initialed by me on January 23, 2008. Division of Water
Quality (DWQ) Staff from the Central Office Express Permits program (Lia Myott) had previously conducted an on-
site determination of the stream on January 7, 2008. In your letter to the Director dated January 10, 2008, you
requested an appeal of this determination as provided within 15A NCAC 02B .0233(3)(a).
At your request, we conducted an appeal of the previous determination as stated above. During our review we
evaluated the stream using the DWQ Stream Classification Form. We evaluated the stream reach conservatively and
calculated the score to be 23 points at the point previously determined to be the intermittent start point. We did not
add points to the score to represent the water flowing in the channel (item B 15 on the form) on the day of the
evaluation, to reflect the light rain that had occurred the previous day. The form states that if the score is "greater
than or equal to 19 points the stream is at least intermittent".
The DWQ has determined that the stream labeled as "A" on the attached map is at least "intermittent" and is
subject to the Neuse Buffer Rule starting at the point identified in the field. This determination shall support
the determination originally performed. This stream and its associated buffers 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 correspondence concerning this property.
This letter only addresses the applicability to the buffer rules and does not approve any activity within the buffers.
Nor does this letter approve any activity within Waters of the United States or Waters of the State. If you have any
additional questions or require additional information please call me at [phone]. This determination is
subject to review as provided in Articles 3 & 4 of G.S. 150B.
Sincerely,
G~ Coleen H. Sullins
No e hCarolina
401 Oversight/Express Permitting Unit ~QtllClh!t!1,
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone] / Internet: htto://h2o.enr.state.nc.us/ncwetlands
An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper

Goley Homes, Durham County
Page 2 of 2
January 24, 2008
CHS/cbk
Enclosures: Goley Homes - NRCS Soil Survey
Copy of stream identification form for feature "A"
cc: Danny Smith, DWQ Raleigh Regional Office
File Copy
Central Files
Kevin Martin, S&EC, 11010 Raven Ridge Road, Raleigh, NC, 27614
Filename: 20080034Goley(Durham)Appeal

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North Carolina Division of Water Quality -Stream Identification Form; Version 3.1
Date: `~~~'~' ~ ~ Project: ~~ ~ Latitude:
Evaluator: ~ra~d~ ~.~~ ~JSite: F~-~,~ '~ t~ Longitude:
Total Points: \~7 Other
Stream is at least intermittent Cil ~ County:
if? 19 or erennial if? 30 v ~ G'~~ Q`~ e.g. Quad Name:
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A. Geomor holo (Subtotal = ~ ) Absent Weak Moderate Strong.
1a. Continuous bed and bank 0 1 2 3
2. Sinuosity 0 1 2 3
3. In-channel structure: riffle-pool sequence 0 3
4. Soil texture or stream substrate sorting 0 1 2 3
5. Active/relic floodplain 0 1 3
6. Depositional bars or benches 0 3
7. Braided channel 1 - 3
8. Recent alluvial deposits 1 ~- 3
9 a Natural levees 1 3
10. Headcuts 0 1 2 3
11. Grade controls 0.5 1.5
12. Natural valley or drainageway 0 1 1.5
13. Second or greater order channel on existin
USGS or NRCS map or other documented
evidence.
No = 0
Yes = 3
° Man-made ditches are not rated; see discussions in manual -~
R Hvrfrnlnnv (Suhtntal = ~ 1
14. Groundwater flow/discharge 0 1 2 3
15. Water in channel and > 48 hrs since rain, or
Water in channel -- d or rowin season 0 1 2 3
16. Leaflitter 1.5 1 0. 0
17. Sediment on plants or debris 0 0.5 1
18.Organic debris lines or piles (Wrack lines) 0 0.5 1 1.5
19. Hydric soils (redoximorphic features) present? o = Yes = 1.5
C Rinlnnv (Suhtntal = I n ~ 1 `f
20b. Fibrous roots in channel 3 2 1 0 i
21°. Rooted plants in channel 3 1 0
22. Crayfish 0 0.5 1 1.5
23. Bivalves 0 1 2 3
24. Fish 0.5 1 1.5
25. Amphibians 0. 1 1.5
26. Macrobenthos (note diversity and abundance) 0 0.5 1.5
27. Filamentous algae; periphyton 0 2 3
28. Iron oxidizing bacteria/fungus. 0.5 1 1.5
29 b. Wetland plants in streambed FAC 0.5; ACW = 5; OBL = 1.5 SAV = 2.0; Other = 0
'" Items 20 and 21 focus on the presence of upland plants, Item 29 tocu~es on the presence of aquatic or wetland plants.
Sketch: C~~
Notes: (use back side of this form for additional notes.)
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