20150899 Ver 1_Buffer Determination_20161006

Water Resources
ENVIRONMENTAL QUALITY
October 5, 2016
ATC Associates of North Carolina, PC
Attn: Mr. Philip N. Post
401 Providence Road, Ste 200
Chapel Hill, NC 27514
Subject Property: 4601 University Drive, Durham
(Blue Cross Blue Shield Stormwater Pond & Boardwalk)
UT to Sandy Creek
Governor
Secretary
S. JAY ZIMMERMAN
Director
DWQ Project # 15-0899
Durham County
On -Site Determination for Applicability to the Jordan Lake Riparian Area Protection Rules (15A
NCAC 2B.0267)
Dear Mr. Post:
On September 22, 2015, at your request, Jennifer Burdette, with the Division of Water Resources
(DWR), conducted an on-site determination to review feature S-1 located on the subject
property for applicability to the Jordan Lake Buffer Rules (15A NCAC 2B .0233). The reach is not
shown on the attached USGS 7.5 -minute Southwest Durham, but is depicted on the attached
Durham County Soil Survey map initialed by Ms. Burdette on October 5, 2016. James Pflaum
with the City of Durham had previously conducted an on-site determination of this reach as
provided in his letter dated June 29, 20105. Your letter dated August 25, 2015 requested an
appeal of Mr. Pflaum's intermittent determination as provided within 15A NCAC 02B .0233(5).
Ms. Burdette conducted an appeal of the original City of Durham determination as stated above.
During their review, Ms. Burdette evaluated feature S-1 using the DWR Stream Classification
Form. The feature was evaluated to have a score of 27 on the DWR form. The form states that if
the score is "greater than or equal to 19 points the stream is intermittent and greater than or
equal to 30 points the stream is perennial." The form is attached to this letter. During the site
visit you contended that the subject feature is not the stream shown on the soil survey, but the
result of construction of a sediment basin as part of the existing development. I agreed to delay
issuance of this letter pending receipt of a jurisdictional map or existing conditions survey of the
area prior to the existing development from you. To date, this information has not been
State of North Carolina I Environmental Quality I Water Resources
1617 Mail Service Center j Raleigh, North Carolina 27699-1617
919 8076300

4601 University Drive, Durham
DWR Project #: 15-0899
October 5, 2016
Page 3 of 3
received although an email reminder was sent to you on July 29, 2016. Therefore, the
intermittent determination completed on September 22, 2015 stands.
The DWR has determined that feature S-1 located on the attached maps is an
intermittent stream and is subject to the Jordan Lake Buffer Rule (15A NCAC 02B
.0267).
This determination shall replace the determination originally performed by City of Durham 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 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
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
If sending via delivery service (UPS,
FedEx, etc.)
Office of Administrative Hearings
1711 New Hope Church Road
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
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

4601 University Drive, Durham
DWR Project #: 15-0899
October 5, 2016
Page 3 of 3
or Waters of the State. If you have any additional questions or require additional information,
please call Jennifer Burdette at 919-807-6364. This determination is subject to review as
provided in Articles 3 & 4 of G.S. 150B.
Sincerely,
1 f
Karen Higgins, Supervisor
401 & Buffer Permitting Branch
KAH/jab
Enclosures: USGS Southeast Durham 7.5 -Minute Topographic Map Excerpt
Durham Soil Survey Map — Sheet 25 Excerpt
Stream Form
cc: DWR 401 & Buffer Permitting Branch File
James Pflaum, City of Durham (via [e-mail])
Maverick Raber, City of Durham (via maverick. [e-mail])
Corium, LLC, A Subsidiary of Blue Cross Blue Shield of North Carolina, P 0 Box 2291,
Durham, NC 27707

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ATG DWO Stream Identificatinia Form Version d_11
Date: 1� /s
PrOjectMite:
Latitude:
Evaluator. 9t1, _ - #e
County: �h � �
Longitude:
Total Points:
Stream Dete ctrcle one)
Other SC- Sal- `xr M
Sbaam is a est +t .Z'], d
,rzvso► - ffz3�
Ephemeral Men . erennial
e.g. Quad Nedra:
A. peam ho (Subtotal =
Absent
Weak
Moderate
Strong
1a Cant L ttr of channel bed and bank
0
1
0.5 0
3
2_ Sinuosity of channel along thalmieg
0
16. Organic debris lines or piles
2
3
3. In -channel structure: ex. riffle -pool, step -pad,
sequence
0
, _
�lJ
2
3
4_ Particle size of stream substrate
0
1
2
3
5_ Activefre6ct floodplain
0
1
2
3
6. Depositional bars or trenches
0
1
2
3
7. Recent alluvial deposits
0
OD
2
3
8. Fleadcuts,
Cw
1
2
3
9_ Grade control
0
Dotes:
1 1
1.5
10_ Natural valley
0
(0.5-Y
1. 1
1.5
11. Second or greater order channel
No - 0
Yes = 3
Q r
amnam amaies are nog rwm; we coscummim in manure
B. HvdrolOC V (Subtotal= %®, :5� 1
12_ Presence of Basellow
0 1
3
1.3. Iran oxidizing bacteria
0 1
2 3
14. Leaf litter
5' 1
0.5 0
15. Sediment on plants or debris
0 0.5
1 1.
16. Organic debris lines or piles
1 0
1 1.5
17. Soff-based evidence of high water table'?
INo = 0
Ye - 3
L;- 1:51010[ly [Subtotal = .7 1
18. Fibrous roots in sbwmbed
3
1
0
19. Rooted upland plants in streambed
3
21
0
20. Macrobenthos (nate d versify and abrmdance)
0
1
2
3
21. Aquatic Mollusks
0
1
2
3
22. Fish
0'
0.5
1
1.5
23_ Crayfish
0.5
1
1.5
24. AnThibians
0
1
1.5
25_ Algae
0
(01D
1
1.5
26. Wetland plus in st eambed
FACW = 0.75. C)BL =1.5 Cather = 0
'peraennmi strearm may also be de bfied using otfwmethods. See p. 35 of marutat.
Dotes:
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