20190934 Ver 1 Buffer Appeal REQUEST_20190712

Staff Review
Does this application have all the attachments needed to accept it into the review process?
r Yes r No
ID#* Version* 1
20190934
Is this project a public transportation project?* r Yes
r No
Reviewer List:* Paul Wojoski:EADS\pawojoski
Select Reviewing Office:* Central Office - [phone]
Submittal Type:*
Stream or Buffer Appeal
Does this project require a request for payment to be sent?
r
Yes
r
No

Project Submittal Form
Please note: fields marked with a red asterisk below are required. You will not be able to submit the form until all
mandatory questions are answered.
Project Type: r New Project
r Pre -Application Submittal
r More Information Response
r Other Agency Comments
r For the Record Only (Courtesy Copy)
r Stream or Buffer Appeal
New Project - Please check the new project type if you are trying to submit a new project that needs an official approval
decision.
Pre -Application Submittal - Please check the pre -application submittal if you just want feedback on your submittal and
do not have the expectation that your submittal will be considered a complete application requiring a formal decision.
More Information Response - Please check this type if you are responding to a request for information from staff and
you have and ID# and version for this response.
Other Agency Comments - Please check this if you are submitting comments on an existing project.
Project Contact Information
Name: Jennifer Burdette
Who is subrritting the infornetion?
Email Address: [e-mail]
Project Information
Project Name: Cameron (aka Rubenstein Hall) Aboveground Detention Basin Site
Is this a public transportation project?
r Yes
r No
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
r Yes r No r Unknown
County (ies)
Durham
Please upload all files that need to be submited.
Click the upload button or drag and drop files here to attach docurrent
DKU18250_Cameron_AppealReq uestPKG_2019-
11.12M6
07-12.pdf
Only pdf or Igrz files are accepted.
Describe the attachments:
Request for an appeal of a local government stream determination
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o I have given true, accurate, and complete information on this form;
o I agree that submission of this form is a "transaction" subject to Chapter 66, Article 40 of the NC General Statutes (the

"Uniform Electronic Transactions Act")
I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General Statutes
(the "Uniform Electronic Transactions Act');
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Signature:
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Submittal Date: Is filled in automatically.

STREAM DETERMINATION APPEAL > DKU-18250
creating experiences through experience 1 of 1

July 12, 2019

Ms. Linda Culpepper, Interim Director
c/o Ms. Karen Higgins
NC Division of Water Resources
401 & Buffer Permitting Branch
512 N. Salisbury St.
Archdale Bldg. 9th Floor
Raleigh, NC 27604

RE: Stream Determination Appeal
Cameron (aka Rubenstein Hall) Aboveground Detention Basin Site
Durham, Durham County, North Carolina

Dear Ms. Higgins:

On behalf of Duke University, we are requesting an appeal of the stream determination for Feature A completed by
the City of Durham (City) and communicated in their attached letter dated June 28, 2019. Feature A was classified
as an intermittent stream below yellow flag #100 as shown in Figure 3 of the City’s stream determination letter. Our
evaluation of Feature A below flag #100 resulted in a score of 17.75 as indicated in the attached Stream Buffer
Evaluation Report. Ross Sullivan with the US Army Corps of Engineers determined Feature A is not subject to Clean
Water Act jurisdiction. Therefore, we believe this feature is more appropriately classified as an ephemeral channel.

Please contact me to schedule a site visit to review Feature A. If you have any questions or require additional
information, please do not hesitate to contact me at [phone].

Sincerely,
MCADAMS

Jennifer Burdette, PWS
Senior Environmental Consultant

Attachments:
City of Durham Stream Determination Letter (6/28/2019)
McAdams Stream Buffer Evaluation Report (5/31/2019)
CITY OF DURHAM
Department of Public Works
Stormwater Services
101 City Hall Plaza | Durham, NC 27701
919.560.4326 | F 919.560.4316

www.durhamnc.gov

June 28, 2019

Via E-mail
Jennifer Burdette
McAdams
2905 Meridian Parkway,
Durham, NC 27713
919-361-5000 X137
www.mcadamsco.com

SUBJECT: Cameron Above Ground Dry Detention Basin Site
REFERNCE: COD Jordan # 2019-009

Project Name Cameron Above Ground Dry Detention Basin Site
PIN 0811-05-69-9264.L00
Parcel ID 108792
Location/Directions Located on Towerview Road between Science Drive and Union Drive
Sub Stream New Hope Creek
Date of Determination 06/04/19

Table 1. Stream Feature Determination Cameron Above Ground Dry Detention Basin Site
Feature
Not
Subject Subject Start @ Stop @
Stream
Type
Soil
Survey
USGS
Topo
A
(Upper) X Stormwater Pipe End
Section Yellow Flag #100 Ephemeral X
A
(Lower) X Yellow Flag #100 Confluence with Culvert Intermittent X

Wetlands are evaluated by the City of Durham Planning Department. If a wetland is
suspected to exist within or in close proximity to the project area, contact Bo Dobrzenski
([e-mail] or 919-560-4137 ext. 28230 ) to determine wetland
setbacks.

Explanation: The feature(s) listed on the attached Table 1 have been located on the Soil Survey
of Durham County, North Carolina and/or the most recent copy of the USGS Topographic map at
a 1:24,000 scale, or was determined to be subject per section 8.5(B)(4) of the Durham Unified
Development Ordinance. Each feature that is checked “Not Subject” has been determined not to
be a stream. Features that are checked “Subject” possess characteristics that qualify it to be a
stream. There may be other streams located on your property that do not show up on the maps
referenced but, still may be considered jurisdictional according to the US Army Corps of
Engineers (USACE) and the Division of Water Resources (DWR), or both.

Stream Determination – Cameron Above Ground Dry Detention Basin Site Page 2 of 3
Durham – Where Great Things Happen

This on -site determination shall expire five (5) years from the date of determination in this
letter. Landowners or affected parties that dispute a determination made by the City of
Durham may request a determination by DWR. An appeal request must be mad e 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 reques t 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.

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 [phone] for information.

Within sixty (60) calendar days of receipt of this notice, 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 DENR:

Bill 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
appeal within sixty (60) calendar days.

The owner/future owners should notify the City (including any other Local, State, and
Federal Agencies) of thi s decision concerning any future correspondences regarding the

Stream Determination – Cameron Above Ground Dry Detention Basin Site Page 3 of 3
Durham – Where Great Things Happen

subject property (stated above). This project may require a Section 404/401 Permit for
the proposed activity or other City of Durham permit(s).

Any inquiries regarding section 404/401 permits should be direc ted to DWR (Central Office)
at [phone], a nd the USACE (Raleigh Regulatory Field Office) at (919) 554 -4884.

If you have any questions about the City’s determination or need clarification, please contact me.

Sincerely,

Travis Marion, Engineering Specialist
Stormwater Development Review Group
[e-mail]
[phone], x 30238

Attachments:
Table 1. Stream Feature Determination Cameron Above Ground Dry Detention Basin Site
Consultant’s Topographic Map - Figure 1
Consultant’s Soils Survey Map - Figure 2
City of Durham’s Site Map - Figure 3

0 2,0001,000 Feet1 inch = 2,000 feet
$
FIGURE 1. USGS TOPOGRAPHIC VICINITY MAPRUBENSTEIN ABOVE GROUND DRY DETENTION BASINDURHAM, DURHAM COUNTY, NC
NOTES:1. USGS; 7.5 MINUTE, QUAD, "NW DURHAM" AND "SW DURHAM", NORTH CAROLINA; 20162. LAT: 35.999313, LONG: -78.942749
4/5/2019
rothDKU-18250DATE:JOB NO:DRAWN BY:
X:\Projects\DKU\DKU-18250\Storm\Wetlands\GIS\DKU18250_Figure 1 USGS.mxd, 4/5/2019 9:56:02 AM, roth
PROJECT AREA
1VERSION:
0 1,320660Feet1 inch = 1,320 feet
$
FIGURE 2. NRCS SOIL SURVEYRUBENSTEIN ABOVE GROUND DRY DETENTION BASINDURHAM, DURHAM COUNTY, NC
NOTES:1. NRCS; SOIL SURVEY SHEET 20, DURHAM COUNTY, NC (1976)2. LAT: 35.999313, LONG: -78.942749
X:\Projects\DKU\DKU-18250\Storm\Wetlands\GIS\DKU18250_Figure 2 Soil Survey.mxd, 4/5/2019 10:03:56 AM, roth
PROJECT AREA
4/5/2019
rothDKU-18250DATE:JOB NO:DRAWN BY:
1VERSION:
00774Map prepared by Stormwater Development Review, Department of Public Worksin June 2019: Information depicted hereon is for reference purposes only and iscompiled from the best available sources. The City of Durham/Durham Countyassumes no responsibility for errors arising from use or misuse of this map.
Project Area013065Feet Figure 3City of DurhamSite Map2019-009 ³Ephemeral Feature
Feature A (Upper)
Intermittent Feature
!5 Yellow Flag #100
Feature A (Lower)

DUKE CAMERON STREAM BUFFER EVALUATION REPORT > DKU-18250
creating experiences through experience 1 of 4
On May 31, 2019, McAdams conducted a determination of riparian buffers on a project site known as the proposed
Duke University Cameron (aka Rubenstein) Aboveground Detention Basin site. The approximately 0.45-acre project
area is located on the southwest side of Towerview Road approximately 500 feet southeast of Science Drive’s
intersection with Towerview Road on their campus in Durham, Durham County, North Carolina. Figure 1 depicts the
location of the property on the US Geological Survey (USGS) NW Durham, NC 7.5-minute quadrangle topographic
map. Figure 2 shows the location of the site on the Durham County Soil Survey map. The site is characterized by
mature, mixed pine hardwood forest except the area around the downstream culvert on the site, which is
maintained grass. It is bordered by Towerview Road and Duke Center for Child and Family Policy. Figure 3 depicts
the subject site with an aerial photograph. Parcel information is attached to the end of this report.

Durham Stream Buffer Rules
The Durham Unified Development Ordinance – Section 8.5 Riparian Buffer Standards applies riparian buffers directly
adjacent to perennial and intermittent stream features and naturally occurring ponds and lakes. A stream feature is
a watercourse that collects surface runoff and is determined to be an intermittent or perennial stream as defined by
the “Methodology for Identification of Intermittent and Perennial Streams and Their Origins Manual” (DWQ,
September 1, 2010; Version 4.11). The project area is not within one of Durham’s Watershed Protection zoning
overlays, thus 50-foot buffers apply to features subject to the Durham Riparian Buffer Standards.

Methods
On May 31, 2019, Jennifer Burdette of McAdams conducted an evaluation of each feature within the project area
identified on the most recent version of the U.S. Geological Survey (USGS) 7.5-minute quadrangle map (Figure 1) or
the U.S. Department of Agriculture (USDA) Durham County Soil Survey (Figure 2). Potential waters subject to the
Durham Unified Development Ordinance – Section 8.5 Riparian Buffer Standards were identified following the
protocol described in the “Methodology for Identification of Intermittent and Perennial Streams and Their Origins
Manual”. An NC DWR Stream Identification Form Version 4.11 was completed for each feature identified on the site.

Summary of Findings
Data Review
The USGS exhibit (Figure 1) does not show any water resource features on the subject site. The Soil Survey map
(Figure 2) shows one intermittent water resource feature (A) on the other side of Towerview Road from the project
area. The subject site drains to an unnamed tributary of Sandy Creek in the Jordan Lake watershed.

Field Evaluation
Feature A was identified in the field as an ephemeral channel from culvert to culvert. A stream form was completed
for the section of channel below flag #100 and the section above. Below flag #100, Feature A exhibited a
moderately developed bed and bank, two small headcuts, and weak soil-based evidence of a seasonal high water
table (matrix chroma 3 with concentrations) but lacked based flow and had upland plants growing in the channel
and a moderate amount of fiberous roots. Feature A below flag #100 scored a 17.75 using the Stream Identification
Form (attached). The reach above flag #100 had a weakly developed bed and bank and lacked evidence of a

DUKE CAMERON STREAM BUFFER EVALUATION REPORT > DKU-18250
creating experiences through experience 2 of 4
evidence of a seasonal high water table. This reach scored a 12 using the Stream Identification Form (attached). On
May 1, 2019, Ross Sullivan with the US Army Corps of Engineers determined Feature A is not subject to Clean Water
Act jurisdiction. Figure 3 shows the locations of photographs taken of the feature and flag #100.

Conclusions
Based on the results of the field investigation, there is one ephemeral stream channel (A) on the subject property. In
accordance with the Durham Unified Development Ordinance – Section 8.5 Riparian Buffer Standards, a 50-foot
riparian buffer does not apply to this feature.

DUKE CAMERON STREAM BUFFER EVALUATION REPORT > DKU-18250
creating experiences through experience 3 of 4
Site Photographs
Duke University Cameron Aboveground Dry Detention Basin Site, Durham, NC
May 31, 2019

Photo 1. Feature A from downstream culvert facing upstream

Photo 2. Feature A facing flag #100

DUKE CAMERON STREAM BUFFER EVALUATION REPORT > DKU-18250
creating experiences through experience 4 of 4
Photo 3. Feature A facing upstream above flag #100

Photo 4. Feature A upstream culvert

0 2,0001,000 Feet1 inch = 2,000 feet
$
FIGURE 1. USGS TOPOGRAPHIC VICINITY MAPRUBENSTEIN ABOVE GROUND DRY DETENTION BASINDURHAM, DURHAM COUNTY, NC
NOTES:1. USGS; 7.5 MINUTE, QUAD, "NW DURHAM" AND "SW DURHAM", NORTH CAROLINA; 20162. LAT: 35.999313, LONG: -78.942749
4/5/2019
rothDKU-18250DATE:JOB NO:DRAWN BY:
X:\Projects\DKU\DKU-18250\Storm\Wetlands\GIS\DKU18250_Figure 1 USGS.mxd, 4/5/2019 9:56:02 AM, roth
PROJECT AREA
1VERSION:
0 1,320660Feet1 inch = 1,320 feet
$
FIGURE 2. NRCS SOIL SURVEYRUBENSTEIN ABOVE GROUND DRY DETENTION BASINDURHAM, DURHAM COUNTY, NC
NOTES:1. NRCS; SOIL SURVEY SHEET 20, DURHAM COUNTY, NC (1976)2. LAT: 35.999313, LONG: -78.942749
X:\Projects\DKU\DKU-18250\Storm\Wetlands\GIS\DKU18250_Figure 2 Soil Survey.mxd, 4/5/2019 10:03:56 AM, roth
PROJECT AREA
4/5/2019
rothDKU-18250DATE:JOB NO:DRAWN BY:
1VERSION:
TOWERVIEW RD
NC Center for Geographic Information & Analysis
0 5025Feet1 inch = 50 feet
$
LEGEND
Roads
2-ft contours
Project area
FIGURE 3. BUFFER DETERMINATION MAPCAMERON ABOVE GROUND DRY DETENTION BASIN SITEDURHAM, DURHAM COUNTY, NC 5/31/2019
burdetteDKU-18250DATE:JOB NO:DRAWN BY:
X:\Projects\DKU\DKU-18250\Storm\Wetlands\GIS\DKU18250_Project Site Map.mxd, 5/31/2019 1:36:07 PM, burdette
2VERSION:
Feature AFlag #100
Note: Ross Sullivan, USACE verified that nojurisdictional areas are present within the projectarea on May 1, 2019.
Photo #1
Photo #2
Photo #4
Photo #3
NC DWQ Stream Identification Form Version 4.11 Belct.� Y �c' IIYa
Date: S �� Jy
Project/Site: bUke C'anie%ol
Latitude:��
�. 99 3' 1
Evaluator: ._J, R!//clelle
County: A11_&),7
Longitude: y�'S?
Total Points:
Stream is at least intermittent /�, %�
Stream Determination (circle one)
Other
if >_ 19 orperennial if >_ 30'
Ephemeral Intermittent Perennial
e.g. Quad Name:
A. Geomorphology Subtotal = 1
Absent
Weak
Moderate
Strong
1 a' Continuity 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,
0
No = 0
2
3
ripple -pool sequence
0
0.5
1
1.5
4. Particle size of stream substrate
0
1
2
3
5. Active/relict floodplain
0
1
2
3
6. Depositional bars or benches
0 11
1
2
3
7. Recent alluvial deposits
0 .
1
2
3
8. Headcuts
0
1
2
3
9. Grade control
M 1
0.5
1
1.5
10. Natural valley
0 1
0.5
1
1.5
11. Second or greater order channel
No
0
Yes = 3
a artificial ditches are not rated; see discussions in manual
B. Hydrology Subtotal = S 7
12. Presence of Baseflow
13. Iron oxidizing bacteria
0 1
ro 1
2
2
3
3
14. Leaf litter
1.5 1
0.5
0
15. Sediment on plants or debris
0 0.
1
1.5
16. Organic debris lines or piles
0 0.
1
1.5
17. Soil -based evidence of high water table?
No = 0
Yes e 3
3
C. Biology (Subtotal = 3.75 ]
18. Fibrous roots in streambed
3
2
1
0
19. Rooted upland plants in streambed
3
2
1
0
20. Macrobenthos (note diversity and abundance)
0
1
2
3
21. Aquatic Mollusks Sa gA4
0
1
2
3
22. Fish
0
0.5
1
1.5
23. Crayfish
0
0.5
1
1.5
24. Amphibians
0
0.5
1
1.5
25. Algae
0
0.5
1
1.5
26. Wetland plants in streambed JvnCuS e1(Tv511,y
FACW <OJ , OBL =
1.5 Other = 0
'perennial streams may also be identified using other methods. See p. 35 of manual.
Notes: -5v e moiRv 41.1ave 1 -1001'I'l-i
c�
rP a
:.. UP
a"rvi e y get
Sketch: Iba
Cd/W�r� �ra c 4 4
0rP1

NC OWQ Stream Identification Form Version 4.11 Nbov-, //I W /QO
Date: �r/37 �9 Project/Site:bu7(e � 6yle�o Latitude: 25. 899 37
Evaluator: ✓ 2341ral'eCounty: Avrx a Longitude: -7y 9yI l 7 y
Total Points: Stream Determination (circle one) Other
Stream is at least intermittent �Z. 5 Ephemeral Intermittent Perennial e.g. Quad Name:
if > 19 orperennial if > 30'
A. Geomo holo (Subtotal= b
Absent
Weak
Moderate
Strong
1 a. Continuity 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 se uence
0ry
0
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
0
1
2
3
7. Recent alluvial deposits
0
1
2
3
8. Headcuts
1
2
3
9. Grade control
0
0.5
1
1.5
10. Natural valley
0
0.5
1
1.5
11. Second or greater order channel
No
CO
Yes = 3
artificial ditches are not rated; see discussions in manual
B. Hvdroloov (Subtotal= a-6- ]
12. Presence of Baseflow
0
1
2
3
13. Iron oxidizing bacteria
0
1
2
3
14. Leaf litter
1.5
1
0.5
0
15. Sediment on plants or debris
0
0.5
1
1.5
16. Organic debris lines or piles
0
1 0.5
1
1.5
17. Soil -based evidence of high water table?
0
No 6 0
Yes = 3
1.5
U. 13101O0v [Subtotal = q ]
18. Fibrous roots in streambed
3
2
1
0
19. Rooted upland plants in streambed
3
2
1
0
20. Macrobenthos (note diversity and abundance)
0
1
2
3
21. Aquatic Mollusks
0
1
2
3
22. Fish
M
0.5
1
1.5
23. Crayfish
0
0.5
1
1.5
24. Amphibians
0
0.5
1
1.5
25. Algae
0
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: - owr a I F / av
- 1 71100
ioa . n c v
-- ar7 id Yea. f eje n J .,
- P10Ds
rrr
Sketch:
See ye W /00 Ar a-)

Duke University Cameron (Rubenstein) Aboveground Dry Detention Site (DKU-18250)

PARCEL_ID PIN
108792 0811-05-69-9264.L00
108794 0811-05-69-9264.L02
108795 0811-05-69-9264.L03
108796 0811-05-69-9264.L04
108797 0811-05-69-9264.L05
108798 0811-05-69-9264.L06
108799 0811-05-69-9264.L07
108800 0811-05-69-9264.L08
206175 0811-05-69-9264.L09
211813 0811-05-69-9264.L10
213726 0811-05-69-9264.L11
213727 0811-05-69-9264.L12
213728 0811-05-69-9264.L13
Cameron (Rubenstein) Site
Division of Water Resources
DWRPursuant to G.S. 143-214.25A
DIV1110" of %vatcr AC 50 NoFCC3 Does Hereby Certify
s
North Carolina Department
Jennifer
Burdette
of Environment and
Has successfully demonstrated capability and proficiency to determine the presence of surface
waters that require the application of rules adopted by the N.C. Environmental Management
Natural Resources
Commission for the protection of riparian buffers as determined by 15A NCAC 026.0200.
This certification is valid until revoked by the Division of Water Resources.
Division of Water Resources
Surface Water Identification Training OV
and Certification Program
9 Z -
?4s A. Reeder, Director
ion of Water Resources
Certification Number