20181411 Ver 1_DWR Appeal Letter_20181206

ROY COOPER
Governor
MICHAEL S. REGAN
Sccrelary
LINDA CULPEPPER
Direclor
Georgia A. Evangelist &
George C. Pendergraft
1117 Batchelor Road
Apex, NC 27523-5717
NORTH CAROLINA
Envlmnmental Quality
December 6, 2018
DWR Project # 2018-1411
Wake County
Spangler Environmental, Inc.
Dalton Cook — Project Scientist
4338 Bland Road
Raleigh, NC 27609
Subject: On -Site Determination for Applicability to the Jordan Lake Riparian Area Protection Rules 15A
NCAC 02B .0267
Location: Wake County PIN 0735199588, 2029 Alston Avenue, Cary NC; LIT to Nancy Branch, Class WS -
IV, NSW Waters within the Cape Fear River Basin and within the Jordan Lake Watershed
Dear Sirs and Madam:
On or about October 15, 2018, the Division of Water Resources (DWR) received a request from Spangler
Environmental Inc. to appeal an on-site determination made by the Town of Cary as provided in 15A NCAC
02B .0267 (4)(d). On November 9 and 30, 2018, Shelton Sullivan of DWR, conducted an on-site
determination to review the feature labeled as "Feature B" located on the on the northern half of the
subject property for applicability to the Jordan Buffer Rules 15A NCAC 02B .0267.
The other features on the property, Nancy Branch and a feature on the southern half of the property,
were not evaluated during Mr. Sullivan's visits. During the review, Mr. Sullivan evaluated Feature B by
using the DWR Stream Classification Form. Feature B began on the subject property and became subject
at the three flags marked as "B Start", picture included below, and continued downstream through a
culvert on Evans Farm Road and continued to the confluence with Nancy Branch. Stream Feature B was
evaluated to have a score of 23.5 and designated as intermittent. The forms, maps and pictures are
attached to this letter.
This determination for Feature B replaces the determination originally performed by the Town of Cary
for Feature B only, as documented in their attached letter dated October 4, 2018 and reference number
TCRB 18-007. This determination shall expire five years from the date of this letter.
0. �Wkffw
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
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 8:00am 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 Shelton Sullivan at [phone].
Sincerely,
Kdren, Supe
401 & Buffer Permitting Branch
KAH/sos
Attachments: Site Map, Feature B Start Flags with Picture, Original Letter from Town of Cary, NRCS Soil
Survey, USGS Topo, Stream ID Form
cc: Dalton Cook, Spangler Environmental, Inc., via email to [e-mail]
Eric W. Kulz, Town of Cary Water Resources Dept., via email to [e-mail]8
Alston Assembly, 2029 Alston Avenue, Cary NC 27519
401 & Buffer Permitting Branch files
Filename: 20181411_2029 AlstonAveCary_BufferAppealLetter.docx

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NC DWR Cheam Tdomfifiratinn VAPm Vora:.... A 11 ;� oa-I LYIcjAv, (,1 r /Ur
Date: I/_ �_ Jg
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ojectfSite: $ P� }D44La �;
FCounty:
Evaluator. �j - Q
S Lar
�0.V� Longitude:
Total Points:
Stream is atleast intennitent
(� _
rrnination (circle one
erP
hemeral
if t 19 or perennial if t 30"Ll
termitte t Perennial eOg Quad Name:
rt. veomor nolo (Subtotal = � w
11 Continuity of channel bed and bank
Absent
0
Weak
Moderate
2
Strong
3
2. Sinuosity of channel along thalweg
3. In -channel structure: ex. riffle -pool, step -pool,
d
ripple -pool se uence
0
0
1
2
2
3
3
4. Particle size of stream substrate
0
1
2
3
5. Activelrelict floodplain
0=0 Yes = 3
1
2
3
6. Depositional bars or benches
0
2
3
7. Recent alluvial deposits
0
35 of manual.
2
3
8. Headcuts.
0
2
3
9. Grade control
0.5
1
1.5.
10. Natural valley
0
0.5
1.5
11. Second or greater order channel
0=0
Yes = 3
Y V '
B. Hvdrnlnnvtor rhttal = 4.>? V J I� r��r
12. Presence of Baseflow
0 2
3
13. Iron oxidizing bacteria
1 2
3
14. Leaf litter
1.5 m 0.5
0
15. Sediment on plants or debris
0.5 1
1.5
16. Organic debris lines or piles
0 0. 1
.1.5
17. Soil -based evidence of high water table?
0=0 Yes = 3
1.5
18. Fibrous roots in streambed
0
19. Rooted upland plants in streambed
0
20. Macrobenthos (note diversity and abundance)3
21. Aquatic Mollusks
3
22. Fish
MO.51
1.5
23. Crayfish
1.5
25. Algae
1.5
26. Wetland plants in streambed
FACW = 0.75; OBL =1.5 Othe =
"perennial streams may also be identified using other methods. Seep.
35 of manual.
Notes: v Se
j Lia t �6 e
lq
Sketch:
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p

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NC DWQ Stream Identification Form Version 4.11 rt��
Date: I l N !C (n
Project/Site: " " I n a„S`rM
Latitude:
Evaluator: Le lrf�Va�
v!
County: Gv/ l KL'_
Longitude:
Total Points: S
Stream is at least intermittent a3 r5 o d'
Stream Dete circle one)
Other
Ir
if 2! 19 or perennial if 230- WPa .�^
Ephemeral ntermitten Perennial
e.g. Quad Name:
w II
A. Geomorphology (Subtotal = )­
Absent
WeakModerate
13. Iron oxidizing bacteria
Strong
12 Continuity of channel bed and bank
0
1.5 0.5
2
3
2. Sinuosity of channel along thalweg
0
1
0 0. 1
3
3. In -channel structure: ex. riffle -pool, step -pool,
ripple -pool sequence
0
s = 3
2
3
4. Particle size of stream substrate
0
1
2
3
5. Active/relict floodplain
0.5 1
1
2
3
6. Depositional bars or benches
0
26. Weiland plants in streambed
2
3
7. Recent alluvial deposits
0
1
3
B. Headcuts
0
1
9. Grade control
0.5
1
1.5
10. Natural valley
0
7
1.5
11. Second or greater order channel
o =
Yes = 3
a artificial ditches are not rated; see discussions in manual
B. Hvdroloav (Subtotal = 6 r D >
12. Presence ofBaseflow
0 071_>2
3
13. Iron oxidizing bacteria
1 2
3
14. Leaf litter
1.5 0.5
0
15. Sediment on plants or debris
0 0.5 1
1.5
16. Organic debris lines or piles
0 0. 1
1.5
17. Soil -based evidence of high water table?
No = 0
s = 3
C. Rinloav /subtotal = (o , S 1
18. Fibrous roots in streambed
3
1
0
19. Rooted upland plants in streambed
3
1
0
20. Macrobenthos (note diversity and abundance)
0
2
3
21. Aquatic Mollusks
0
2
3
22. Fish
Cp
0.5 1
1.5
23. Crayfish
1
1.5
24. Amphibians
0.5 1
1.5
25. Algae
(E>0.5
1
1.5
26. Weiland plants in streambed
FACW = 0.75; OBL = 1.5
r = 0
*perennial streams may also be identified using other methods. See p. 35 of manual.
Notes: R.t A Fcu Flq,
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WATER RESOURCES DEPARTMENT
October 4, 2018
Dalton Cook
Spangler Environmental, Inc.
4338 Bland Road
Raleigh, NC 27609
Subject: Jordan Lake Watershed - Riparian Buffer and Urban Transition Buffer Rules
Wake County Real ID #0078570 /PIN10: 0735199588
2029 Alston Avenue
TCRB 18-007
Dear Mr. Cook:
The site location and maps provided by you allowed a determination to be made as to whether or not the referenced site would
require compliance with The Town of Cary Riparian Buffer and Urban Transition Buffer (UTB) Rules. This project, as
referenced by the Town of Cary as TCRB 18-007, includes features as depicted on the attached maps. The table below
summarizes the stream determination made in a site visit on October 4, 2018. This determination is valid until October 4,
2023.
Reference ID
USGS Ma 100 Ft. Buffer Soil Survey Ma 50 Ft. Buffer
Not Subject
A
(Nancy
Branch
X1
B
X
C
Xz
Notes:
21Feature not shown on the maps.
Landowners or affected parties that dispute a stream origin determination made by the Town of Cary may appeal the
determination to the NC Division of Water Resources. An appeal request must be made within sixty (60) days of dale of this
letter. A request for a determination by the Director of DWR shall be referred to the Director in writing. If sending via US
Postal Service: c/o Karen Higgins; DWR - 401 & Buffer Permitting Unit; 1617 Mail Service Center, Raleigh, NC 27699-1617.
It sending via delivery service (UPS, FedEx, etc.): Karen Higgins; DWR - 401 & Buffer Permitting Unit, 512 N. Salisbury
Street; Raleigh, NC 27604.
Any appeal submitted shall be related to the origin of the stream channel and/or applicability of the Jordan Lake Buffer Rules
to a stream feature.
This determination is final and binding unless, as detailed above, an appeal is requested within sixty (60) days.
Sin ely,[�/tjj�//)
t n . Ku
lz f
Town of Cary Water eso rtes Dapartment
TOWN OJCARY
318 North Academy Street -Cary, NC 27513 -PO Box 8005 -Cary, NC 27512-8005
tel [phone] • fax [phone]• m"v.townofcary.org

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