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Home My WebLink About20071315 Ver 1_More Info Received_20090213May 21, 2008 Memorandum A LpA To: Coleen Sullins, Director Division Water Quality V OVIII From: Danny Smith, SWP-RRO Subject: Brightleaf Commons Buffer Appeal Site Visit and Review Durham County Introduction , MW 6L 4 LS 0 ?6\ 4p l ? I Buffer determinations were made on this tract known as "Brighleaf 'during an Apri-14, 2004 inspection. The Brightleaf Tract is located north east of Highway 70 just east of Bethesda in Durham County. The feature labeled as "Feature A" (see attached map) is the catchment of interest, and the focus of Neuse Buffer rule appeal request from Joe L. Jernigan, Real Estate Associates, Inc. This catchment is located in Neuse River Basin and a stream is depicted on the Durham County Soil Survey. ' On April 4, 2004 DWQ determined there was a stream in this catchment and that it is subject to the Neuse Buffer. An appeal of this determination was request, and on July 30, 2007, the feature was revisited by DWQ staff, again was determined to be a stream and subject to Neuse Riparian Buffer Rule. On March 5, 2008, DWQ RRO staff conducted a site visit, in an effort gather information such that the Director may make a formal decision with respect to the Neuse Buffer Rule appeal request. Site visit: "Feature A" is not depicted on the USGS Map. It is depicted on the Soil Survey and is thereby subject to the Neuse Buffer Rules unless DWQ staff "kick it out" (determine no stream is present, therefore the feature is not subject to the buffer Rules). During the most recent site visit on March 5, 2008, DWQ staff investigated: 1) Catchment A. This included a review/visual inspection of the catchment downstream and upstream of where Highway 70 bisects the catchment. 2) Rating. The DWQ stream rating form was used on catchment A. The feature was rated immediately north of (downstream) the Highway 70 culvert and a second rating was performed further downstream closer to where feature reaches the Brightleaf Commons entrance road culvert. 3) Reference Features. Two other catchments were investigated as reference features as a part of the March 5, 2008 DWQ site visit. These reference features will be referred to as reference catchment B & C throughout this document. Investigation Results: 1) Catchment A. DWQ staff and S&EC personnel walked up "Feature A", starting from the Culvert crossing at the Brightleaf Commons entrance road and followed the channel upstream until encountering a culvert under highway 70. Continuing up slope through the catchment and across Highway 70, an abandoned trailer park was observed. The trailer park had an old septic tank sandfilter that was abandoned. It was explained to DWQ staff that the treatment unit had failed and was then "strait piped" in roadside drop inlet where it continue to discharge directly into "Feature A". (Note: Mack Wiggins, of the RRO investigated that the trailer park, issued the owner an NOV, and required the owner to connect or engineer/permit a properly functioning system. The costs were prohibitive and the trailer park (approx. 8 trailers and small used car dealership) closed, thereby eliminating the discharge.) It was explained to DWQ staff that the respective discharge was approximately 3000 gallons per day and the discharge may have been ongoing since the late 1960s. DWQ staff observed old infrastructure, distribution boxes, septic tank and what appeared to be the failed sandfilter bed that had large willow trees growing in it. No channel was observed upstream of Highway 70. However, it is understood that the landscape had been markedly disturbed, from mass-grading for the trailer park, removing trailers, and operations associated with a car lot. 2)_Ratingr Results - Two areas of the stream (Feature A) were rated using DWQ rating form. The channel segment closest to Highway 70 was observed strongly incised, it had notable amounts of sorted gravel substrate in the floor of the channel, and reduced soils indicating base flow along the toe of the channel. This segment rated 27.5 and is labeled "Rating #1" attached. (see photo 1 & 2) Further down stream, the channel was less incised, markedly sinuous, and the channel was beginning to aggrade (a lot sediment/sand, common in the Triassic soil systems observed), and again reduced soils were commonly observed along the toe of the channel. This segment, though different in appearance from the segment rated described above, rated 27. (Labeled as Rating #2) 3) Reference Features. Reference Catchment B. This catchment is not the subject of the appeal request. However, the catchment is a good example of a Triassic catchment/drainage area that is forested, is largely stable (currently), and houses White Store soils (per Durham Co Soil Survey). This catchment (B) is comparable to the size of the catchment of "Feature A" and house the same soil system. The top of Reference Catchment B, had evidence of severely eroded gullies from historic land use. However, these gullies were now effectively stable, covered with leaf litter, had a forested over-story and woody/shrub under-story. A small berm/relic road crossing, bisects the approximate upper third of Catchment B. The berm may have limited erosion in the catchment, thereby lessening some of the downstream channel formation. This reference catchment B is a nice/typical Triassic catchment with gullies at the head of drainage which aggrades further down stream in a broad convex drainage (typical Triassic topography). In this instance there was virtually no channel, no stream, an only the occasional rill in drainage feature/forest floor (see attached map and photos). Reference Catchement C. Reference catchment C is not the subject of appeal request. This catchment/drainage area is forested, receives runoff from Hwy 70, house White Store soils, and is actively eroding. This catchment (B) is comparable to the size of the catchment of "Feature A" and house the same soil system. The stability of this catchment is markedly different than that of Catchment B, due to the large amounts of stormwater routed from Highway 70 that is conveyed through the drainage feature (see attached map and photos). Gully formation is marked in Catchment C. The channel has down cut in places such that reduced soils are episodically observed in segments along the toe of the channel. Overview. Triassic Soil System landscapes have lower relief than the adjacent Piedmont terrains. The soils are developed from sand stones, siltstones, and mudstone parent materials. These soils are highly vulnerability to erosion and they exhibit low infiltration rates. White Store soils have a relatively thin solumn, a tough, plastic, slowly permeable B horizon that has a high shrink-swell potential (Daniels et al, 1999). [Hence, the sandfilter wastewater treatment system.] The lack of permeability combined with erosive soils help to explain relatively small catchment areas that are strongly dissected and rilled with gullies. Channel formation and stream segment disequilibrium extends well beyond what may be anticipated to accommodate the geologic/pedogenic changes within the catchment. This is supported by occurrences of relic gullies now stable/forested with surface soil horizon developed located well beyond the present day active stream channel. A file review of the Durham County Tax office indicated that Real Estate Associates Inc. owned the Trailer Park on October 24, 2001. On January 30, 2007, RRO issue a NOV to Real Estate Associated for the illegal discharge of wastewater from the trailer park on located along feature A. Brightleaf Subdivision r s? `?yR ty s ? M:. t 4th ?J J. M : .SJ. c ?5 o, n f . . X44. Y. Photo 2: View of Feature A downstream of culvert in Photo 1. Photo 1: View of culvert outlet downstream and north of Hwy 70. I Brightleaf Subdivision r r. 4 . r 1 j ? R rnoto s: view of I, eature A facing downstream of Photo 2. rnoto 4: View of Feature A downstream of Photo 3. Brightleaf Subdivision r/ 1?Y A r?+ ' 9 c`' r,t Photo 8: Reference Reach B. F i ?4 \ I4 { Photo 7: Reference Reach B. Brightleaf Subdivision , lk -4 Photo 9: Reference Reach C. Photo 10: Reference Reach C. Gully formation is marked in Catchment C. The channel has down cut in places such that reducd-'soils are observed in segments along the toe of the channel. iC YY0 , n s Triassic Soil System landscapes have lower relief than the adjacent Piedmont terruM. 7 7Tre The soils are developed from sand stones, siltstones, and mudstone parent materials.--Qiia soils are highly vulnerability to erosion and they exhibit low infiltration rates of the soils. White Store)(soils have a relatively thin solumn, a tough, plastic, slowly permeable B - horizon that has high shrink-swell potential (Daniels et al, 1999). Hence, the sandfilter wastewater treatment system. The lack of permeability and erosive soils help to explain relatively small catchment areas that are dissected and rilled with guillies. Channel formation and stream segment disequilibrium may extend well beyond what may be anticipated to accommodate the geologic/pedogenic changes within the catchment. This is supported by occurrences of relic gullies now stable/forested with surface soil horizon developed located well beyond the present day active stream channel (S.D. Smith, MS 2001). A file review of the Durham County Tax office indicated that Real Estate Associates Inc. owned the Trailer Park on October 24, 2001. On January ?? 2007, RRO issue a NOV to Real Estate Associat for the illegal discharge of wastewater from the trailer ark W located along feature n S)IhG?