20160319 Ver 1_Stream Call Letter_20160413

Water Resources
ENVIRONMENTAL QUALITY
April 13, 2016
Donald and Silvia Stanat
2516 Homestead Rd.
Chapel Hill, NC 27516
Subject Property: 2516 Homestead Rd, Chapel Hill, NC
PIN #9880-02-8073
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Secretary
S. JAY ZIMMERMAN
Director
DWQ Project # 2016-0319
Orange County
On -Site Determination for Applicability to the Jordan Lake Riparian Area Protection Rules (15A NCAC 2B
.0267)
Dear Mr. and Mrs. Stanat:
On April 5, 2016, at the request of Troy Beasley with WithersRavenel on behalf of KB Homes -Carolinas
Division, Katie Merritt with the Division of Water Resources (DWR) conducted an on-site determination
to review a feature between Flags S-1 and S - 1 A along a perennial stream located on the subject property
for applicability to the Jordan Lake Buffer Rules (15A NCAC 2B .0267). The reach between these two
flags is labeled as "W" on the attached map initialed by Ms. Merritt on April 11, 2016. Town of Chapel
Hill staff had previously conducted an on-site determination of this reach and it's upstream and
downstream reaches as provided in their letter dated March 15, 2016. In Mr. Beasley's letter to the Town
of Chapel Hill dated March 23, 2016, he requested an appeal of their determination as provided within
15A NCAC 02B .0267(5).
At Mr. Beasley's request, Ms. Merritt, accompanied by Martin Richmond with WithersRavenel
conducted an appeal of the Town of Chapel Hill's determination as stated above. During her review she
evaluated the reach located between WithersRavenel flags, S-1 and S -IA using the DWR Stream
Classification Form. She evaluated the reach and determined that the reach did not meet the classification
of a stream, but did exhibit characteristics of a wetland system; Therefore, a stream form was not
completed. A wetland delineation should be performed in this area to determine a wetland exists on the
property. The stream above S-1 and below S -IA was a perennial stream and subject to the Jordan Lake
Buffer Rules.
The DWR has determined that the feature located between flags S-1 and S -IA on the attached
map is a wetland system and is not subject to the Jordan Lake Buffer Rule. 15A NCAC 02B
.0267. Flag S -IA is located downstream at the barbed-wire fence crossing.
This determination shall replace the determination originally performed by the Town of Chapel
Hill staff and shall expire five years from the date of this letter.
You can contest the Director's decision as provided in Articles 3 and 4 of G.S. 150B. To contest the
Director's decision, you must file a petition for an administrative hearing. You may obtain the petition
form from the office of Administrative hearings. You must file the petition with the office of
Administrative Hearings within sixty (60) days of receipt of this notice. A petition is considered filed
when it is received in the office of Administrative Hearings during normal office hours. The Office of
State of North Carolina I Environmental Quality I Water Resources
1617 Mail service Center I Raleigh, North Carolina 27699-1617
919 807 6300

2516 Homestead Road
April 13, 2016
Page 3 of 3
Administrative Hearings accepts filings Monday through Friday between the hours of 8:00am and
5:00pm, except for official state holidays. The original and one (1) copy of the petition must be filed with
the Office of Administrative Hearings.
The petition may be faxed -provided the original and one copy of the document is received by the Office
of Administrative Hearings within five (5) business days following the faxed transmission.
The mailing address for the Office of Administrative Hearings is:
Mailing address for the OAH:
If sending via U.S. Postal Service: If sending via delivery service (UPS, FedEx,
etc)
Office of Administrative Hearings Office of Administrative Hearings
6714 Mail Service Center 1711 New Hope Church Road
Raleigh, NC 27699-6714 Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to DEQ:
Sam M. Hayes, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
All stream and their associated buffers should be identified on any future plans for this property. The
owner (or future owners) should notify the DWR (and other relevant agencies) of this decision in any
future correspondences 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 Katie Merritt at
[phone]. This determination is subject to review as provided in Articles 3 & 4 of G.S. 150B.
Sincerely,
OA-JY�
04yukt,�
Karen Higgins, Supervisor
401 & Buffer Permitting Branch
Enclosures: Initialed Site maps
cc: DWR File Copy
Dave Milkereit — Town of Chapel Hill Public Works Department, 405 Martin Luther King, Jr.
Blvd., Chapel Hill, NC 27514-5705
Troy Beasley — WithersRavenel (via electronic mail)

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Stream Determination Area Map I
•••• Unclassified Stream
Non-regulated Waterbody
Address: 2516 Homestead Rd.
- - Ephemeral Stream
Q
Non -perennial Waterbody
-- Intermittent Stream
Wide Perennial Stream
Parcel ID:9880-02-8073
Perennial Stream
0
Perennial Waterbody
N
Culverts
Approximate Jordan Buffer
2 -foot Contours
Q
Ephemeral Breakpoint
10 -foot Contours
Q
Intermittent Breakpoint
- Buildings
Q
Perennial Breakpoint 0 100 200 400 Feet
Parcels Wider RCD Buffers may apply I , , , I , I I I 1 inch = 200 feet
Q Site visited
Stream locations are approximate and must be verified by survey.
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Created, by,Town,oLChapel Hill Public Works Department - Stormwater Management Division - - Date: 3/15/2016