20161107 Ver 1_Buffer Determination_20161216

Water Resources
ENVIRONMENTAL QUALITY
December 16, 2016
Timothy A. Daniel, Head of School
Montessori Community School
4512 Pope Road
Durham, NC 27707
Governor
DONALD R. VAN DER VAART
Secretary
S. JAY ZIMMERMAN
Director
DWQ Project #2016-1107
Durham County
Subject Property: Montessori Community School, 4512 Pope Road, Durham
Tributaries to Clark Lake (New Hope Creek) and Little Creek
On -Site Determination for Applicability to the Jordan Lake Watershed Riparian Area Protection Rules (15A
NCAC 02B.0267)
Dear Mr. Daniel:
On November 30, 2016, at your request, Jennifer Burdette with the Division of Water Resources (DWR),
conducted an on-site determination to review two features labeled as "Feature A" and "Feature B" on the
subject property for applicability to the Jordan Lake Buffer Rule (15A NCAC 2B .0267). Feature A is shown
on the attached Durham County Soil Survey map initialed by Ms. Burdette on December 16, 2016.
Feature B is not depicted on the Durham County Soil Survey map or the USGS Chapel Hill, NC 7.5 -minute
topographic map. David Milkereit of the Town of Chapel Hill had previously conducted an on-site
determination of these reaches as provided in their letter dated August 12, 2016. Your email of October
31, 2016 requested an appeal of the intermittent determinations as provided within 15A NCAC 02B
.0267(5).
Ms. Burdette conducted an appeal of the original Town of Chapel Hill determination as stated above.
During her review, she evaluated both Feature A using the DWR Stream Classification Form Version 4.11.
Feature A was determined to start at DWQ Flag dated 11/30/2016 located off of the subject property
approximately 30 feet upstream of Roper Lane. Feature B is not depicted and therefore not subject to
the Jordan Lake Watershed Buffer Rule. Feature A was evaluated to have a score of 12 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 forms are attached to this letter.
The DWR has determined that Feature A on the attached map is an ephemeral stream
and Feature B is not depicted. The portion of Feature A located on the subject property
and B are not subject to the Jordan Lake Buffer Rule (15A NCAC 02B .0267).
State of North Carolina I Environmental Quality 1 Water Resources
1617 Mail Service Center I Raleigh. North Carolina 27699-1617
919 807 6300

4512 Pope Rd., Chapel Hill
DWR Project #: 16-1107
Page 3 of 3
This determination shall replace the determination for Feature A and B originally performed by the Town of
Chapel Hill 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: 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 Department of Environmental Quality:
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 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.
KAH/jab
Enclosures: USGS/Durham Soil Survey Maps, Stream Form, Field Map 1

4512 Pope Rd., Chapel Hill
DWR Project #: 16-1107
Page 3 of 3
cc: DWR 401 & Buffer Permitting Branch File
Preston Royster, PE; Coulter Jewell Thames, PA; 111 West Main Street, Durham, NC 27701
Dave Milkereit, Town of Chapel Hill, Public Works Dept., Stormwater Management Division, 405
Martin Luther King, Jr Blvd., Chapel Hill, NC 27514-5705
Filename: 161107MontessoriCommunitySchChapelHill_JRDN_BufferAppeal.docx

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NC DWO Stream Identification Form Version 4.11
Date:�"''�
f
Project/Site: r , i�'" ; �.,1
Latitude:
Evaluator:, (l ,fir. i ,,
County: z. 1
Longitude:�'r+'!%'f
ti
r
'2
Total Points:
PlA termination (circle one)
Other
Stream is at least intermittent t
Ephemeral termittent Perennial
e.g. Quad Name:
if >_ 19 or perennial if >_ 30
0
�1
A. Geomorphology (Subtotal = )
Absent
Weak
Moderate
Strong
1aContinuity 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
2
3
4. Particle size of stream substrate
0
1
2
3
5. Active/relict floodplain
0"".,"
1
2
3
6. Depositional bars or benches
Or
1
2
3
7. Recent alluvial deposits
0
1
2
3 _
8. Headcuts
9. Grade control
0 '
;'0
1
0.5
2
1
3
1.5
10. Natural valley
0
0.5)
1
1.5
11. Second or greater order channel
No , 0,
Yes = 3
artificial ditches are not rated; see discussions in manual
B. Hvdroloav (Subtotal = 1 6 )
12. Presence of Baseflow
"0 1
' 2
2 3
13. Iron oxidizing bacteria
-' 1
C 3p
2 3
14. Leaf litter
1.51 i
20. Macrobenthos (note diversity and abundance)
0.5 0
15. Sediment on plants nr debris
16. Organic debris lines or piles
1 ` 05
J <
3
1 1,5
1 1.5
17. Soil -based evidence of high water table?
No rt 0-"?
2
Yes = 3
C. Bioloav (Subtotal =
18. Fibrous roots in streambed
3
' 2
1
0
19. Rooted upland plants in streambed
C 3p
2
1
0
20. Macrobenthos (note diversity and abundance)
0
1
2
3
21. Aquatic Mollusks
Q
1
2
3
22. Fish;-'
0.5
1
1.5
23. Crayfish
0'
0.5
1
1.5
24. Amphibians
0.5
1
1.5
25. Algae
Q'
0.511
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:
w
Js'_
v