20181576 Ver 1_Stream Appeal Letter and Info_20181206

NOR IH CAROLINA.
Environmental Quality
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director December 6, 2018
DWR Project # 2018-1576
Durham County
Robert W. Johnson Coulter Jewell Thames, P.A.
3709 Cole Mill Road Kevin Burke — Project Manager
Durham, NC 27712 111 West Main Street
Durham, NC 27701
Subject: On -Site Determination for Applicability to the Neuse River Basin Riparian Area Protection Rules
15A NCAC 02B .0233.
Location: Durham County PIN 0844-04-71-9250, 2706 Hamlin Road, Durham, NC; LIT to Ellerbe Creek,
Class WS -IV, NSW Waters within the Neuse River Basin
Dear Sirs:
On or about November 15, 2018, the Division of Water Resources (DWR) received a request from Coulter
Jewell Thames, P.A. to appeal an on-site determination made by the DWR Raleigh Regional Office Staff as
provided in 15A NCAC 026 .0233. On November 30, 2018, Shelton Sullivan of DWR, conducted an on-site
determination to review the feature labeled as "Stream A" located on the on subject property for
applicability to the Neuse River Basin Buffer Rules 15A NCAC 02B .0233 by using the DWR Stream
Classification Form. Stream A began on the adjacent property at the pipe outlet of the pond and continues
throughout the subject property. Stream A was evaluated to have a score of 27.5 and designated as
intermittent at the northern property line and therefore subject to the Neuse River Basin Buffer Rules
throughout the property. The stream form, maps and pictures are attached to this letter.
This determination replaces the determination originally performed by the DWR Raleigh Regional Office
Staff as documented in their letter dated October 9, 2018 and reference number NBRRO #18-319. 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.
aNIF
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000

2of3
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 8:00am 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:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
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
If sending via delivery service (UPS, FedEx, etc.)
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609-6285
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 Shelton Sullivan at [phone].
Sincerely, `n
k(1CJ�.X.JV v
4�,
Karen Higgins, Supervisor
401 & Buffer Permitting Branch
KAH/sos
Attachments: Original Letter from DWR Raleigh Regional Office, NRCS Soil Survey, USGS Topo Map,
Stream ID Form
cc: Kevin Burke, Coulter Jewell Thames, P.A., via email to [e-mail]
Vanessa Manuel, DWR Raleigh Regional Office, via email to [e-mail]
401 & Buffer Permitting Branch files
Filename: 20181576_2706Hamlin RdDurham_BufferAppealLetter.docx

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0
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3. In -channel structure: ex. riffle -pool, step -pool,
ripple -pool sequence
0
2
3
4. Particle size of stream substrate
0
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3
5. Active/relict floodplain
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6. Depositional bars or benches
0
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7. Recent alluvial deposits
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14. Leaf litter
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18. Fibrous roots in streambed
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20. Macrobenthos (note diversity and abundance)
0
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25. Algae
0.5
1
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26. Wetland plants in streambed
FACW = 0.75; OBL = 1.5 Other
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2706 Hamlin Road Durham NC 27704
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Coulter Jewell Thames, PA f so�N
111 WEST MAIN STREET
DURHAM, NORTH CAROLINA 27701
p919.682.0368 (919,688.5646
November 13, 2018
Karen Higgins
DWR — 401 and Buffer Permitting Unit
1617 Mail Service Center
Raleigh, NC 27699-1617
RE: Stream Determination 2706 Hamlin Road, Durham N.C. 27704
Dear Ms. Higgins:
On behalf of the property owner, Robert W. Johnson we dispute the current stream determination made
by DWR and request a determination by the director. A copy of the current determination is included with
this letter.
You can contact me by phone at (9I9)682-0368 or by email [e-mail]
Sincerely, Pt" — ���g!Coulter Jewell Thames, P.
Kevin Burke
Project Manager

Water Resources
ENVIRONMENTAL QUALITY
October 9, 2018
Robert W. Johnson
2624 Hamlin Road
Durham, NC 27704
ROY COOPER
Governor
MICHAEL S. REGAN
Secrelap
LINDA CULPEPPER
Interim
Director
Subject: Surface Water Determination Letter
NBRRO #18-319
Durham County
Determination Type:
Buffer
Intermittent/Perennial
❑ Neuse (15A NCAC 2B.0233)
Soil Survey
❑ Tar -Pamlico (15A NCAC 2B .0259)
® Intermittent/Perennial Determination (where local buffer
I
ordinances apply)
❑ Jordan (15A NCAC 213 .0267)
❑ Capep Fear/Holly Springs
(governmental and/or interjurisdictal
projects)
Project Name: 2706 Hamlin Road
Address/Location: 2706 Hamlin Road, Durham NC 27704
Stream(s): Ellerbe. Creek
Determination Date: October 3, 2018 Staff. Vanessa Manuel
Stream
E/1/P*
Start@
Stop@
Soil Survey
USGS Topo
A
I
Throughout property
✓
✓
*E111P = Ephemeralllntermittent/Perennial
Explanation: The stream(s) listed above has been located on the most recent published NRCS Soil Survey of
Durham County, North Carolina and/or the most recent copy of the USGS Topographic map at a 1:24,000 scale.
Each stream that is checked "Not Subject' has been determined to not be at least intermittent or is not present.
Streams that are checked "Subject' have been located on the property and possess characteristics that qualify it to be
at least an intermittent stream. There may be other streams located on the property that do not show up on the maps
referenced above but may be considered jurisdictional according to the US Army Corps of Engineers.
Division of Water Resources, Raleigh Regional Office, Water Quality Operations Section http://portal.ncdenr.org/web/wq/aps
1628 Mail Service Center, Raleigh, NC 27699-1628 Phone: [phone]
Location: 3800 Barrett Drive, Raleigh, NC 27609 Fax: [phone]

2706 Hamlin Road
Durham County
October 9, 2018
Page 2 of 2
This on-site determination shall expire five (5) years from the date of this letter. Landowners or affected
parties that dispute a determination made by the DWR may request a determination by the Director. An
appeal request must be made within sixty (60) days of date of this letter. A request for a determination by the
Director shall be referred to the Director in writing. Ifsending via US Postal Service: c/o Karen Higgins,
DWR — 401 & Buffer Permitting Unit, 1617 Mail Service Center; Raleigh, NC 27699-1617. If sending via
delivery service (UPS, FedEx, etc.): Karen Higgins; DWR — 401 & Buffer Permitting Unit; 512 N. Salisbury
Street, Raleigh, NC 27604.
This determination is final and binding unless, as detailed above, unless an appeal is requested within sixty
(60) days.
This project may require a Section 404/401 Permit for the proposed activity. Any inquiries should be
directed to the US Army Corp of Engineers (Raleigh Regulatory Field Office) at (919)-554-4884.
If you have questions regardin is det ination, please feel free to contact Vanessa Manuel at (919)7914255.
Si ccerel ,
Danny Sm'
Supervisor, Water Quality Regional Operations Centi;10'
cc: RRO DWR File Copy
Kevin Burke, Coulter Jewell Thames, PA (Ja Laserfiche hyperll#k)