20181433 Ver 1_Stream Appeal_20181126

Water Resources
ENVIRONMENTAL QUALITY
November 26, 2018
Mr. Frank Braswell
4116 Rolesville Road
Wendell, NC 27591
Subject Property: 4116 Rolesville Road —Stream Appeal
"Stream B" Ditch connected to "Pond A"
ROY COOPER
Gere„lo,
MICHAEL S. REGAN
Secremn
LINDA CULPEPPER
Inle/'inl Uiiecloi'
DWR Project # 2018-1433
Wake County
On -Site Determination for Applicability to the Neuse Riparian Area Protection Rules (15A NCAC 02B .0233)
Dear Mr. Braswell
On October 15, 2018, the Division of Water Resources (DWR) received your request to appeal an on-site
determination made by DWR Raleigh Regional Office as provided in 15A NCAC 02B.0233 (3)(a). On
November 9, 2018, Paul Wojoski, Niki Maher and Shelton Sullivan of DWR, conducted an on-site
determination to review features located on the subject property for applicability to the Neuse Buffer
Rules (15A NCAC 02B.0233).
The segments of the feature evaluated are labeled as "Stream B” on the attached map initialed by Paul
Wojoski on November 9, 2018. During their review, Mr. Wojoski, Ms. Maher and Mr. Sullivan evaluated
the feature using a field investigation and DWR Stream Classification Form. Feature Stream B was found
not to exist on the Eastern side Rolesville Road and therefore was not evaluated. On the Western side of
Rolesville road this feature does exist as man-made ditch, connected to "Pond A" (see attached map).
This segment of "Stream B" was receiving backwater from "Pond A" and was equalized at a static water
level at the same elevation of the pond water level with a defined bank. No flow was observed, but
biological activity and soil -based evidence of a high water table was observed. A DWR Stream
Classification Form was not applicable as the feature in question has been naturalized into a finger
extension of the pond. Notes about biology, soils and other observations were made on the form, but a
rating was not given. The form is attached to this letter.
The DWR has determined that the features labeled as Stream B on the western side of Rolesville
Road has a continuous bank and connection to Pond A and is therefore not a stream feature,
but a finger extension of the pond. Because Pond A is subject to the Neuse Buffer Rule, this
finger also is subject to the Neuse Buffer Rule up to the western edge of the Department of
Transportation right-of-way
This determination shall replace the determination originally performed by the DWR Raleigh Regional
Office and shall expire five years from the date of this letter.
State of North Carolina I Environmental Quality I Water Resources
1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919 807 6300

4116 Rolesville Road Site Stream Appeal
D W R#2018-1433
NBRRO#18-310
Wake County
Page 2 of 6
This determination can be contested as provided in General Statute 1508 by filing a written petition for
an administrative hearing to the Office of Administrative Hearings (hereby known as OAH) within sixty
(60) calendar days.
A petition form may be obtained from the OAH at htto://www.ncoah.com/ or by calling the OAH Clerk's
Office at [phone] for information. A petition is considered filed when the original and one (1) copy
along with any applicable OAH filing fee is received in the OAH during normal office hours (Monday
through Friday between 8:00am and 5:00pm, excluding official state holidays).
The petition may be faxed to the OAH at [phone], provided the original and one copy of the
petition along with any applicable OAH filing fee is received by the OAH within five (5) business days
following the faxed transmission.
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 DENR:
William F. Lane, 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
buffers or within waters of the state. If you have any additional questions or require additional
information please call Niki Maher at [phone].
Sincerely,
"' ' 1
Karen Higgins, Supervisor
401 & Buffer Permitting Unit
KAH/paw
Enclosures: Site Map, USGS Topo Map, NRCS Soil Survey, Stream ID Form
cc: Zach Thomas/ Danny Smith DWR RRO
401 & Buffer Permitting Branch files
Filename: 20181433_4116_Ro lesvi I le Rd_B uffe rAp pea I Lette r

4116 Rolesville Road Site Stream Appeal
D W R#2018-1433
NBRRO#18-310
Wake County
Page 3 of 6
Wake County Naps: 4116 Rolesville Road, Wendell NC
Stream A
Not Subject
Stream C
Subject
Edge of Pond to Off
Property
a taa 20M
00 © o
F270 "low
Subject
Finger Extension of Pond A
Subject to Road Right of Way
Cand'.w,,, D,
Ga"

4116 Rolesville Road Site Stream Appeal
D W R#2018-1433
NBRRO#18-310
Wake County
Page 4 of 6
2016 USGS Topo- Knightsdale 1:24,000 — Edited to show Pond A Finger
Extension

4116 Rolesville Road Site Stream Appeal
DWR#2018-1433
NBRRO#18-310
Wake County
Page 5 of 6
NRCS Soil Survey Wake County Sheet # 42

4116 Rolesville Road Site Stream Appeal
D W R#2018-1433
NBRRO#18-310
Wake County
Page 6 of 6
DWR Stream Classification Form
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