20190235 Ver 1_Stream Appeal Letter_20190416

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
April 16, 2019
NORTH CAROLINA
Environmental Quality
Craig Dunn, CEO
The Wesleyan Investment Foundation, Inc.
P.O. Box 50434
Indianapolis, IN 46250-0434
DWR Project No. 2019-0235
Durham County
Subject: On -Site Determination for Applicability to the Jordan Lake Riparian Area
Protection Rules 15A NCAC 0213.0267 for Property at Atkins Height Blvd., PIN
0717-02-79-5139, Durham NC
Dear Mr. Dunn,
On February 20, 2019, the Division of Water Resources (DWR) received a request from
Jennifer Burdette PWS of McAdams to appeal an on-site determination made by
Environmental Services, Inc. on behalf of Durham County as provided in 15A NCAC
02B .0267 (4)(d). On March 25, 2019, Shelton Sullivan of DWR, conducted an on-site
determination to review the feature labeled as S1 located on the subject property for
applicability to the Jordan Buffer Rules (15A NCAC 0213.0267).
During the review, Mr. Sullivan evaluated feature S1 above and below the ponded area using
the DWR Stream Classification Form. Feature S1 became intermittent on the subject parcel
below the small ponded area at "Flag 500" and continued downstream for approximately
135 linear feet to "S1 Stop Flag". This stream segment was evaluated to have a score of 21.25.
The pictures, forms, maps are included below and/or attached to this letter.
Feature ID
Feature*
E/I/P
Subject.
Start@
Stop@
Depicted
on Soil
Depicted on
Type
Surveyp
USGS To o
S1a Ephemeral
Stream
Ephemeral
No
Head cut
Ponded Area
®
❑
Pond
Slb Ephemeral
Stream
Ephemeral
No
Lower
S1 Flag 500
®
❑
End
S1 Intermittent
Stream
Intermittent
Yes
S1 Stop Flag
N
El
5001ag
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000

am
DWR Project 2019-0235
Durham County
Stream Appeal
Page 2 of 3
This determination shall replace the determination originally performed on behalf of
Durham County for only Feature S1 as documented in their letter dated January 30,
2019 with reference number SW -1811, Atkins Height Stream Determination. This
determination shall expire five years from the date of this letter.
This determination can be contested as provided in General Statute 150B 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 http://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:OOam and S:OOpm, 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:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
DWR Project 2019-0235
Durham County
Stream Appeal
Page 3 of 3
Ifsen ding 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 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 for the feature labeled S1 and
does not address any other features on site or addressed in the Durham County Stream
Determination 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 Shelton
Sullivan at [phone].
Sincerely,
Karen Higgins, Super sor
401 & Buffer Permitting Branch
KAH/sos
Enclosures: site maps, stream id forms, stream determination letter from Durham Co.
cc: Jennifer Burdette, McAdams, via email to Burdette, [e-mail]
McKenzie Gentry, Durham County, via email
Kevin Murphrey, ESI Inc., via email
Stephanie Goss, DWR Raleigh Regional Office, via email
401 & Buffer Permitting Branch files
Filename: 20190235_AtkinSBlvd_Durham_Stream AppealLetter.docx

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SERVICES, INC.
4901 Trademark Ddve Atkins Heights Blvd. Stream Determination Date: Jan 2019
Raleigh, North Carolina 27610
[phone] Drwn/Chkd: CW/JH
,R [phone] FAX Durham County, North Carolina
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NC DWQ Stream Identification Form Version 4.11
Date: Project/Site:�( rIP;�"� Latitude:
Evaluator: �'�� County: �� �,Longitude:
Total Points:
Stream is at /east intermittent Stream Determination (circle one) Other
( �
if 2! 19 oroerennial ifz 30* -1 phemera�termittent Perennial e.g. Quad Name:
r C--
A.
'
A. Geomorphology Subtotal = '0 ' J
Absent
Weak
Moderate
Strong
1a. Continuity of channel bed and bank
0
C9
2
3
2. Sinuosity of channel along thalweg
0
M,0.5
2
3
3. In -channel structure: ex. riffle -pool, step -pool,
ripple -pool sequence
0
Q0:6
2
3
4. Particle size of stream substrate
0
0
2
3
5. Active/relict floodplain
i'0
1
2
3
6. Depositional bars or benches
0
Q
2
3
7. Recent alluvial deposits
CV
1
2
3
8. Headcuts
0
0_
2
3
9. Grade control
�Qj
0.5
1
1.5
10. Natural valley
0
ICU
1
1.5
11. Second or greater order channel
0 0
Yes = 3
01 U1nn01 UILW 1=1 GIG IIUI IGICU, SCC U15GUS5I0(15 In manUal
B_ Hvdrolnav tSuhtntal = L4 1
12. Presence of Baseflow
0
C -V
2
3
13. Iron oxidizing bacteria
0
Q
2
3
14. Leaf litter
1.5
M,0.5
2
0
15. Sediment on plants or debris
0
Q0:6
1
1.5
16. Organic debris lines or piles
0
0
1
1.5
17. Soil -based evidence of high water table?
Cb
No =
Yes = 3
1.5
L,_ rmoioav rsuntnrai = I
18. Fibrous roots in streambed
1
0
19. Rooted upland plants in streambed
3
2
C3
0
20. Macrobenthos (note diversity and abundance)
0
2
3
21. Aquatic Mollusks
0
1
2
3
22. Fish
(j
0.5
1
1.5
23. Crayfish
Cb
0.5
1
1.5
24. Amphibians
0
0.5
1
1.5
25. Algae
0.5
1
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: �(�
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NC DWQ Stream Identification Form Version 4.11
Date:
151 7 Project/Site: #k( 5 H- Latitude:
Evaluator: q-ACounty: 11�V`CAJM Longitude:
Total Points: t Sp etermination (circle one) Other
Stream is at least intermittent Ephemeral ntermittent Perennial e.g. Quad Name:
if? 19 or perennial if z 30"
A. Geomorphology Subtotal = 5
Absent
Weak
Moderate
Strong
3
1 a. Continuity of channel bed and bank
0
0
�
2
2
3
2. Sinuosity of channel along thalweg
3
20. Macrobenthos (note diversity and abundance) 0
2
3
3. In -channel structure: ex. riffle -pool, step -pool,
(V1
GD
1
2
3
ripple -pool se uence
0.5 1
1
2
3
4. Particle size of stream substrate
1.5
24. Amphibians
2
3
5. Active/relict floodplain
0
1
2
3
6. Depositional bars or benches
Cts
1
2
3
7. Recent alluvial deposits
1
2
3
8. Headcuts
0
0.5
1
1.5
9. Grade control
0
1
1.5
10. Natural valley
°
Yes = 3
11.S or greater order channel
a artificial ditenes are not rateu, see
B Hydrology (Subtotal = _
12. Presence of Baseflow
13. Iron oxidizing bacteria
14. Leaf litter
15. Sediment on plants or debris
16. Organic debris linesor piles
17. Soil -based evidence of high
1.7
C. Biology Subtotal =
3
2 1
18. Fibrous roots in streambed
3•
2
0
19. Rooted upland plants in streambed
1
3
20. Macrobenthos (note diversity and abundance) 0
2
3
21. Aquatic Mollusks
(V1
GD
0.5 1
1.5
22. Fish
0.5 1
1.5
23. Crayfish
0
0.5 1
1.5
24. Amphibians
0
0.5
1.5
25. Algae
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: ;
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f
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NC DWQ Stream Identification Form Version 4.11
Date: (� sf Project/Site:
Evaluator: County:
Total Points: Stream Deter circle
Stream is at least intermittent E hemer ntermittent en
if a 19 orperennial if. 30' \ p
A. Geomorrnholoav isuhtntal = Co2 1 Ahsanf I Wank
1 Latitude:
Longitude:
one) Other
nnial e.g. Quad Name:
1 a- Continuity of channel bed and bank
0
1S23
3
v`•3 �
2. Sinuosity of channel along thalweg
0
3
14. Leaf litter
3
3. In -channel structure: ex. riffle -pool, step -pool,
ripple -pool sequence
0
15. Sediment on plants or debris
0
3
4. Particle size of stream substrate
(j
13
t7
1.5
5. Active/relict floodplain
0
es = 3
1.5
3
6. Depositional bars or benches
C)
13
25. Algae
0
7. Recent alluvial deposits
QTj
13
FACW 7VOBL = 1.5 Other = 0
8. Headcuts
"perennial streams may also be identified using other methods. See p. 35 of manual.
1
9. Grade control
10. Natural valley
0
Sketch: ✓ r�;yi,� Q� yd oy-
�J5
1.5
11. Second or greater order channel
YPs =
a artificial ditches are not rated; see discussiorts in manual
B- Hvdroloov (Suhtntal = V \ cz )
12. Presence of Baseflow
0 1
d
3
13. Iron oxidizing bacteria
0
2
3
14. Leaf litter
1.5
0.5
0
15. Sediment on plants or debris
0
1
1.5
16. Organic debris lines or piles
0 1 0.5
t7
1.5
17. Soil -based evidence of high water table?
No = 0
es = 3
1.5
ia. riorous roots in streamoea
3
2
0
19. Rooted upland plants in streambed
00
20. Macrobenthos (note diversity and abundance)
0
3
21. Aquatic Mollusks
Q�
1
3
22. Fish(1)
0.5
1.5
23. Crayfish
0
1.5
24. Amphibians
Cty
0.5
1.5
25. Algae
0
1.5
26. Wetland plants in streambed
FACW 7VOBL = 1.5 Other = 0
"perennial streams may also be identified using other methods. See p. 35 of manual.
Notes:
Sketch: ✓ r�;yi,� Q� yd oy-
�J5
f Q
w�

• Engineering and
I+ Environmental Services
January 30, 2019
JOB NUMBER: SW -1811
JOB NAME: Atkins Height Blvd Stream Determination
Kelly Roth
McAdams
2905 Meridian Parkway
Durham, North Carolina 27713
Dear Ms. Roth:
On November 15, 2018, the Durham County Stormwater and Erosion Control Division
was contacted by McAdams with a request for a stream delineation to be performed on a
property located on Atkins Height Boulevard in Durham.
Per the Durham County Stormwater Ordinance, Section 14-153 (c)(7)(a):
"For streams, a stream delineation is performed by a person selected by the county
engineer from an approved list, which is to be compiled by the county engineer, to do
stream delineations and presented to the county engineer which, to the county engineer's
satisfaction, shows that the stream shown on the most recent version of either the USGS 7
minute quadrangle topographic map or the USDA Soil Survey of Durham County,
North Carolina does not exist. Any person requesting such a stream delineation to be
performed as provided in this subsection shall make application to the county engineer
for the stream delineations to be done and shall pay a fee to cover the cost of said
delineation in an amount as determined by the board of commissioners. "
A Request for Proposals was sent to the County's preferred list of consultants on
November 16, 2018. The winning firm, Environmental Services, Inc., was selected on
December 4, 2018, and the Durham County contract was executed on January 3, 2019.
The attached report was submitted to Durham County on January 11, 2019. The attached
report has been deemed acceptable by the Durham County Stormwater and Erosion
Control Division, and the conclusions reached are now available for use on any plans to
be submitted to the Durham City/County Planning Department or the Durham County
Stormwater and Erosion Control Division. This on-site determination shall expire five (5)
years from the date of determination in this letter.
201 E Main Street, 5th Floor, Durham, North Carolina 27701
[phone] 1 Fax [phone] dconc.gov
Equal Employment/Affirmative Action Employer

Per 15A NCAC 02B .0267, any disputes over on-site determinations shall be referred to
the Director in writing. A determination of the Director as to the accuracy or application
of the maps is subject to review as provided in Articles 3 and 4 of G.S. 150B. An appeal
request must be made within sixty (60) calendar days of the date of this letter or from the
date the affected party (including downstream and/or adjacent owners) is notified of this
letter. A request for a determination by DWR shall be referred to them in writing c/o
Karen Higgins, 401 and Buffer Permitting Section, 1617 Mail Service Center, Raleigh,
NC 27699-1617. One copy of the request for a determination shall also be filed with
Durham County Stormwater Manager, 201 E. Main Street, Suite 561, Durham, NC
27701.
DWR's determination can be contested as provided in Articles 3 and 4 of General Statute
150B by filing a written petition for an administrative hearing to the Office of
Administrative Hearings (hereby known as OAH). A petition form may be obtained from
the OAH at http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-
3000 for information. Within sixty (60) calendar days of receipt of DWR determination, a
petition must be filed with the OAH. 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 US Postal Service: If sending via delivery service (UPS, FedEx, etc.):
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
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:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
This determination is final and binding unless, as detailed above, you ask for a hearing or
201 E Main Street, 5th Floor, Durham, North Carolina 27701
[phone] 1 Fax [phone] dconc gov
Equal Employment/Affirmative Action Employer

appeal within sixty (60) calendar days. The owner/future owners should notify the
County (including any other Local, State, and Federal Agencies) of this decision
concerning any future correspondences regarding the subject property (stated above).
This project may require a Section 404/401 Permit for the proposed activity or other
County of Durham permit(s). Any inquiries regarding section 404/401 permits should be
directed to DWR (Central Office) at [phone], and the USACE (Raleigh
Regulatory Field Office) at [phone].
If you have any questions regarding this determination, please feel free to contact me.
Sincerely,
McKenzie Gentry, PE
Stormwater Manager
Cc: Jeff Harbour, ESI Inc.
Encl: Atkins Height Blvd Stream Determination
201 E Main Street, 5th Floor, Durham, North Carolina 27701
[phone] ( Fax[phone] dconc gov
Equal Employment/Affirmative Action Employer

ENVIRONMENTAL SERVICES, INC
4901 TRADEMARK DRIVE
RALEIGH, NC 27610
[phone] • FAX [phone]
enviro nmentalservlcesinc.com
January 11, 2019
Mr. McKenzie Gentry
Durham County- Engineering and Environmental Services
201 E. Main Street, 5th Floor
Durham, NC 27701
Re: Atkins Heights Blvd Stream Determination
Durham County, NC
McKenzie,
Attached is the report ESI has prepared for the property located on Atkins Heights Boulevard in
Durham, NC. This report meets the requirements established by the City and County of Durham
for stream determinations and is suitable for submission to them if you find it necessary.
The report indicates that mapped stream feature S1 and surface water feature SWI will be
subject to a 50 -foot buffer pursuant to the Durham County stream buffer protection standards.
Feature S2 will be subject to a 100 -foot buffer pursuant to the Durham County stream buffer
protection standards. Please contact me or Jeff Harbour if you have any questions or comments.
Sincerely,
Environmental Services, Inc.
Kevin Murphrey, Project Scientist
Enclosure

V
Environmental
Services, Inc.
Atkins Heights Blvd Stream Determination
January 2019
Stream Buffer Evaluation
Durham County, North Carolina
Purpose
The purpose of this evaluation is to provide information to Durham County -Engineering and Environmental
Services for use in making decisions on the applicability of stream buffer protection standards for the Atkins
Heights Blvd site. Stream buffer protection standards have been adopted by the City of Durham and
Durham County to protect and maintain existing riparian areas.
Under Section 8.5 of the Durham City -County Unified Development Ordinance (Stream Buffer Protection
Standards), for proposed developments outside of the Neuse River Basin, no proposed developments shall
be approved which are within a minimum of the first 50 feet adjacent to a waterbody shown on the most
recent United States Geologic Survey (USGS) 7.5 -minute quadrangle topographic map (topo map) and/or
the U.S. Department of Agriculture (USDA) Soil Survey of Durham County (county soil survey) applicable
to the proposed site. This buffer may be increased according to Section 8.7 of this Ordinance if a proposed
site falls within any of the established Watershed Overlay Districts. In order to properly apply the
appropriate stream buffers, City/County of Durham will review waterbodies depicted on the USGS
topographic map or the county soil survey that an applicant does not believe are intermittent or perennial
streams, or ponds or lakes that are manmade and are located outside of natural drainageways.
This evaluation is a review of the Atkins Heights Blvd site, which is in Durham County and the Cape Fear
River Basin. One intermittent stream channel and one perennial stream channel are depicted on the county
soil survey and/or the USGS topographic map and were evaluated on the site for the applicability of stream
buffer protection standards. For these types of evaluations, only personnel that have completed the N.C.
Division of Environment and Natural Resources (NCDENR) Surface Water Identification Training and
Certification Course (or an approved equivalent) and who have passed both the written and field exams for
the course can perform a stream and surface water determination. These evaluators must also have
completed the most current refresher course if a new method has been approved since the original Surface
Water Identification Training Certification was obtained. If information gathered by these personnel
determines that the drainage feature or depicted surface water is not subject to the buffer protection
standards, and is subsequently approved by the NCDWR, then the proposed development may encroach
within the first 50 feet adjacent to the waterbody depicted on the soil survey and/or the USGS topographic
map.
Project Description
The Atkins Heights Blvd site is located on the east side of Fayetteville Road, on the north side of Atkins
Heights Boulevard (Figure 1 in Appendix A). The project site is approximately 8.45 acres in size.
Atkins Heights Boulevard Stream Determination January 2019

o
Environmental
Services, Inc.
Methodology
Environmental Services, Inc., (ESI) was contracted by Durham County -Engineering and Environmental
Services to undertake an evaluation of the subject property. ESI was provided with site mapping by Durham
County that depicts the property boundaries. Two (2) drainage features (SI & S2) were identified on the
property to be reviewed by ESI for the applicability of stream buffer protection standards. ESI's evaluation
consisted of a review of applicable mapping and a field investigation.
Mapping resources reviewed included the most recent Southwest Durham, NC, USGS 7.5 -minute
topographic quadrangle (1987) and the published Soil Survey of Durham County, North Carolina (1972).
Project boundary data was overlaid on USGS topographic base and the county soil survey (Figures 1 and 2
in Appendix A) to confirm the depicted location and extent of the drainage features on the property. The
results of this review determined the maximum extent of streams that would be considered subject to stream
buffer protection standards for S1 and S2.
ESI conducted the field review on January 8, 2019. For the field determination, the features in question
were evaluated to determine if they meet the criteria to be considered at least an intermittent stream or
surface water. The features identified on either the USGS topo map and/or the county soil survey were
walked and assessed following guidelines developed by the N.C. Division of Water Resources (NCDWR)
[formerly the N.C. Division of Water Quality (NCDWQ)] for determining the uppermost point of
intermittent streams. One additional surface water feature (SWI) was also identified during the field review.
SWI is an impoundment of S1 and S1 flows in and out of this feature. Representative photographs were
taken for Sl, S2, and SWI and are included in Appendix B.
The NCDWQ Stream Identification Form Version 4.11 served as the basis for determining the origin point
(if applicable) and classification of the drainage features evaluated on the property. Using this form, the
features were evaluated based on three characteristics: geomorphology, hydrology, and biology. The
identification of stream type was accomplished by evaluating 26 different attributes of each feature and
assigning a numeric score to each attribute. These attributes are defined in the NCDWQ Identification
Methods for the Origins of Intermittent and Perennial Streams (Version 4.11). Using this form, streams are
determined to be ephemeral, intermittent, or perennial. According to these methods, a stream segment that
scores between 0 and <19 is considered an ephemeral stream, a stream segment that scores between >19
and <30 is considered an intermittent stream, and a stream segment that scores >30 is considered a perennial
stream. The stream forms that were completed for drainage features reviewed by ESI are included in
Appendix C.
Qualifications
The key team member involved in this investigation was Kevin Murphrey. Mr. Murphrey is a project
scientist with a B.S. in Natural Resources from N.C. State University. Mr. Murphrey has 5 years of
professional experience and has completed the "Stream and Surface Water Identification for Riparian
Buffer Rule Applications in North Carolina" class administered by NCDWR.
2
Atk6rs Heights Boulevard Stream Determination Januar- 2019

Environmental
Services, Inc.
USGS and NRCS Stream Mapping
The USGS topographic map (Figure l) depicts a named tributary (Crooked Creek) along eastern property
boundary.
The NRCS soils map (Figure 2) depicts one unnamed tributary to Crooked Creek (S1), and Crooked Creek
(S2) within the project study area boundary.
Results
Two drainage features were reviewed to determine the applicability of City of Durham stream buffer
protection standards. The approximate locations of these evaluated features are depicted and numbered on
Figure 3 in Appendix A. These features are labeled as S1 and S2. One surface water (SWI) was also
identified within the study area. The features appear to be located inside the F/J-B Watershed Overlay
District. Within the F/J-B Watershed Overlay District, perennial streams are subject to a 100 -foot buffer,
and intermittent streams are subject to a 50 -foot buffer. On the Atkins Heights Blvd site, S1 and SW1 would
be subject to a 50 -foot buffer and S2 would be subject to a 100 -foot buffer.
The following table includes the rating on the NCDWQ Stream Identification Form (Version 4.11) for the
reviewed drainage features and their classifications. The Stream Identification Forms are included in
Appendix C.
Feature # NCDWQ Rating
Classification
Ephemeral portion of S 1 I 1
Ephemeral
SI 21
Intermittent
S2 37.5
Perennial
Sl is depicted as an intermittent stream on the county soil survey and is not present on the USGS
topographical map. Sl, occurring inside the study area, scored 21 on the NCDWQ Stream Identification
Form. Therefore, this portion of Sl inside the study area is considered an intermittent stream based on
current NCDWR standards. S2 is depicted as a perennial stream on the county soil survey and is present on
the USGS topographical map. S2, occurring inside the study area, scored 37.5 on the NCDWQ Stream
Identification Form. Therefore, this portion of S2 inside the study area is considered a perennial stream
based on current NCDWR standards. SWI was not identified on either a USGS topographic map or a
Published Soil Survey for Durham County, North Carolina. However, because it is an impoundment of S1,
it is subject to a 50 -foot buffer. Based on the City of Durham Buffer Rules, Sl, S2, and SWl as depicted
on Figure 3, will be subject to the Durham County stream buffer protection standards.
Summary
It is ESI's professional opinion, based on these findings, that mapped stream feature S1 and surface water
feature SWl will be subject to a 50 -foot buffer pursuant to the Durham County stream buffer protection
3
Atkins Heights Boulevard Stream Determination January 2019

M6
Environmental
Services, Inc.
standards. Feature S2 will be subject to a 100 -foot buffer pursuant to the Durham County stream buffer
protection standards.
4
Atkins Heights Boulevard Stream Determination January 2019