20190151 Ver 1_Buffer and/or Stream Appeal Determination_20190319

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
Ms. Jennifer Burdette
McAdams
2905 Meridian Parkway
Durham, NC 27713
NORTH CAROLINA
Environmental Quality
March 18, 2019
DWQ Project # 2019-0151
Durham County
Subject Property: Duke University Waterhub, Durham County, NC
On -Site Determination for Applicability to the Jordan Lake Riparian Area Protection Rules (15A
NCAC 02B.0267)
Dear Ms. Burdette:
On January 30, 2019, the Division of Water Resources (DWR) received your request to
appeal an on-site determination made by Travis Marion of the City of Durham as provided
in 15A NCAC 02B .0233. On February 15, 2019, Mac Haupt of DWR, conducted an on-site
determination to review features located on the subject properties for applicability to the
Jordan Lake Riparian Area Protection Rules (15A NCAC 02B.0267).
Three features were evaluated on the map as seen in Figure 3 (City of Durham map).
Features A and B were evaluated. Neither Feature A nor B appear on the USGS map (Figure
1 from McAdams). The NRCS Soil Map (Figure 2 from McAdams) shows an intermittent
drainage through the western most corner of the site, however; DWR believes it is
questionable whether this feature represents either Feature A or B. Features A and B were
evaluated by Mac Haupt using the DWR Stream Identification Form Version 4.11. Feature
A -"upper" was evaluated to have a score of 23.5 on the DWR form. Feature A- "lower" was
evaluated to have a score of 4.5 on the DWR form. Feature B was evaluated to have a score
of 15 on the DWR form. The forms are attached to this letter.
The DWR has determined that the feature A- "lower" and feature B are not subject to
the Jordan Lake Riparian Area Protection Rules since the scores were under 19 on the
DWR Stream Identification Form. The DWR has determined that feature A -"upper"
is not subject to the Jordan Lake Riparian Area Protection Rules although the reach had
10W0. North Carolina Department of Environmental Quality I Division of Water Resources
_ �r 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000

a score of 23.5 on the DWR Stream Identification Form. The reasons for this
determination are listed below:
1. Version 4.11 of the Methology for Identification of Intermittant and
Perennial Streams and Their Origins defines an ephemeral stream as
the following:
"'Ephemeral (stormwater) stream' means a feature that carries
only stormwater in direct response to precipitation with waterflowing
only during and shortly after large precipitation events. An ephemeral
stream may or may not have a well-defined channel, the aquatic bed is
always above the water table, and stormwater runoff is the primary
source of water..."(15A NCAC 02B. 0233(2) (d)]
2. DWR believes this short drainage feature is a stormwater only driven
erosional ditch/gully and swale formed by the extensive slope and
runoff from the parking lot.
3. While the stream form for Upper A showed points were given for soil
based evidence of a high water table, this was likely due to the effects
of the ponding in the feature rather than groundwater discharge. The
soil series on site is mapped as a Mayodan. This series has a mixed
mineralology and it is prone to shrink -swell given the conditions. So,
in wet conditions, ponding will occur due to the 2:1 clays swelling
resulting in features that may mimic reducing conditions in the soil.
4. Half of the reach, A- upper, had stronger bed and bank features than
the lower half of the approximately 120 reach.
5. Feature A -lower, completely loses geomorphic form after crossing, or
going under, the sewer easement.
6. DWR does not believe the intermittent channel shown on the MRCS
map is the same channel or drainage that Features A or B represent
7. Of the three features evaluated 2 scored well below the intermittent
threshold.
This determination shall replace the determination originally performed by the City
of Durham and 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).
A 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
If sending 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 DEQ:
William F. Lane, General Counsel
Department of Environment and Natural Resources
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 Mac Haupt at [phone].
Sincerely,
Karen Higgins, Supervisor
401 & Buffer Permitting Branch
KAH/mh
Enclosures: Travis Marion, City of Durham
USGS map- Figurel
NRCS Soil Map- Figure 2
Site Map (modified, from City of Durham)- Figure 3
Stream Forms
Filename: 190151DukeWaterHub(Durham)bufferappeal-March 18, 2019