20061682 Ver 1_Application_20070105

WARD A~ DAVIS> Li.p
ATTORNEYS AT LAW
ALFRED D. WARD (1924 - 2003)
ALFRED DECATUR WARD, JR., PLLC
MICHAEL SCOTT DAMS
I. CLAR% WRIGHT, JR.
MAR% SPENCE HARTMAN
409 POLLOC% STREET
P.O. DRAWER 1428
NEW BERN, NC 28563
252-633-1101 FAX [phone]
icw@wardaadda~ie.com
January 4, 2007
VIA OVERNIGHT MAIL
Ms. Cyndi Karoly, Supervisor ~ ~ ~ ~ ~ V ~ D
401 Oversight/Express Review Permitting Unit
N.C. Division of Water Quality JAN 5 2001
2321 Crabtree Boulevard, Suite 250
DE~VR -WATER QUALITY
Raleigh, NC 27604 ~TIAN~S Alp STLr~TER BRANCH
RE: William's Property -DWQ Project No. 2006-1682
Stream Determination Exemption Request -DWQ Director Referral
Dear Ms. Karoly:
Thank you for your letter of December 19, 2006, addressed to our client's engineer, Mr. John
Thomas. The purpose of this letter is to provide DWQ Director Alan Klimek with our client's
documentation and expert opinion letters supporting the conclusion that the drainage feature at
issue in this matter is exempt, pursuant to relevant provisions of the Neuse Buffer Rule, as set
forth at 15A NCAC 02B.0233.
At the outset, I would like to state for the record that this matter is a stream exemption referral
request to DWQ Director Alan Klimek, governed by the terms of 15A NCAC 02B.0233(3)(a),
which require that disputes over on-site stream determinations made by DWQ staff be referred to
the Director in writing. On October 24, 2006, our client's engineer, Mr. John G. Thomas, P.E.
formally made the required written referral request for this case. Therefore, according to the
applicable rule, the final agency determination in this matter is to be made by the DWQ Director
after consideration of information provided by both DWQ staff and our client, the referring
landowner. We respectfully request that you forward this letter and the enclosed documents to
DWQ Director Alan Klimek for his review and final agency decision.
In support of our conclusion that the drainage feature at issue is exempt, please fmd enclosed:
• December 22, 2006 Memorandum to John Thomas From Lauren Cobb of Environmental
Services, Inc. concluding that "the drainage feature in question is a man-made ditch that
is not a naturalized intermittent or perennial stream" and containing an attached stream
determination form with a score of 18.5;
• December 18, 20061etter to Kenneth Williams from Shawn P. Carroll concluding that
"the geomorphology, hydrology, and other evidence strongly support classifying the
conveyance as aman-made ditch," questioning DWQ's stream determination ratings on
bed and bank, sinuosity and other criterion, and rating the feature as an ephemeral stream;

Ms. Cyndi Karoly, Supervisor
January 4, 2007
Page Two
• January 3, 20071etter to Clark Wright from Gary Mitchell of The Clark Group
concluding that "it is my opinion that the system that exists on this parcel of land is an
old man-made feature that does not qualify as a modified natural stream;" and
• January 4, 2007 letter to Clark Wright from Brent Manning of the Land Management
Group concluding that the drainage feature did not meet intermittent or perennial stream
requirements as defined by DWQ's stream scoring system.
Also enclosed please find a copy of the USGS 7.5 Minute Topographic Map showing that this
entire area is devoid of any intermittent or perennial stream classification, any wetlands or any
other "blue-water" features. It is our opinion that the presence of an intermittent stream feature
in this area on the Craven County Soils Map is due to the fact that this feature was dug as an
agricultural drainage ditch system many years ago; thus the fact that the soils map shows this
feature should not be considered credible evidence of the existence of an intermittent stream
within the meaning of the Neuse buffer rule. As additional support, we also are enclosing a copy
of a 1949 aerial photograph that, by pure luck, I found in my own personal Gables Run
subdivision files. This aerial photo was contained in a Phase One Environmental Assessment
prepared for the 237 Acre Gables Road parcel that I and two other investors purchased from
Weyerhaueser Real Estate Development Company several years ago. The Gables Road parcel is
located just west of Highway 70 in this same area, and the various maps of that parcel also
include some or all of the parcel at issue here at their eastern edges. As you can see on the
easternmost edge of this 1949 map, at that time there were extensive, cleared agricultural fields
in the area of our client's property, thus indirectly supporting the conclusion universally reached
by our experts that the drainage features at issue here are man-made.
We also respectfully request that the DWQ Director take into account the anomalous result that a
large subdivision recently was constructed immediately across from the very location where
DWQ staff indicate they performed their stream analysis resulting in stream scores in the mid to
upper 20s. If those determinations are indeed correct, then this subdivision was constructed with
significant, unpermitted vegetation and surface soils clearing activities in both buffer zones one
and two. That would lead to the appearance (and reality) that DWQ would be treating our client
differently from his immediately adjacent "upstream neighbor."
In addition, the presence of this new subdivision has resulted in large quantities of new
stormwater that now are dumped onto our client's property during all rainfall events, such as the
above-average rainfalls experienced over the past several months in this area. With regard to any
conclusions reached by DWQ staff regarding non-growing season groundwater table levels, or
amounts of water perceived in this ditch system during site visits, we respectfully contend that
such levels are not normal circumstances for this site, and thus do not represent appropriate
stream scoring factors.
Also enclosed is a survey map of our client's property showing the potential impact on the
property of application of the 50-foot Neuse buffers. As can be seen from a review of this map,

Ms. Cyndi Karoly, Supervisor
January 4, 2007
Page Three
our client's property is long and narrow, with the ditch feature at issue here bisecting diagonally
across the property such that application of the 50-foot buffer rule along this ditch feature
essentially eviscerates a large portion of the property, and blocks access to the back portions
entirely. In this regard, it is noteworthy that the current configuration of this parcel has remained
unchanged since well before the date of enactment of the Neuse buffer rules. While our client's
purchase took place after enactment of the buffer rules, I believe that our client reasonably relied
on the fact that the upstream subdivision development clearly was taking place within the 50-foot
buffer areas, the lack of any enforcement actions against that developer, the fact that our client's
own experienced engineer did not believe the buffer rules applied to this ditch, and the fact that
our client's own personal observations indicated to him that the ditch running through the land
he was acquiring was aman-made drainage system.
Based on the enclosed documents and expert opinion letters, it is our position that the drainage
feature at issue here clearly is of man-made origin, and does not contain "the typical biological,
hydrological, and physical characteristics commonly associated with the continuous conveyance
of water" (emphasis added) as expressly required by 15A NCAC 02B.0233(2)(h) [incorporated
in the exemption referral requirements of 15A NCAC 02B.0233(3)(a)(i)]. It also is our position
that the enclosed documents and opinions indicate that the stream determinations performed by
various DWQ staff do not recognize or accept the obvious man-made character of this drainage
ditch, are not consistent internally, were not performed during normal rainfall or growing season
circumstances, and are not consistent with the determinations made by our outside experts.
We respectfully request that the DWQ Director conclude that the initial stream determinations
made by DWQ staff are not consistent and supportable, and that the drainage feature at issue is a
man-made feature that does not meet the "modified natural stream" requirements of the rule.
Thank you for your consideration of our materials and analysis. If you need additional
information or clarification of any of the documents or analysis we are providing, please do not
hesitate to give me a call. Please address all future correspondence regarding this matter to my
attention, with a copy to Mr. Ken Williams.
Sincerely,
~~~,~ ,
L~
I. Clark Wright, r.
ICW:icw
Enclosures
cc: Mr. Kenneth Williams
Mary Penny Thompson, Esq. (via a-mail, w/o encl.)

ENVIRONMENTAL SERVICES, INC.
524 South New Hope Road
Raleigh, North Carolina 27610
919-212-1760 /Facsimile 919-212-1707
www.environmentalservicesinc.com
MEMORANDUM
TO: John Thomas
FROM: Lauren Cobb
DATE: 22 December 2006
RE: King/Williams Tract
ESI conducted a stream classification determination for one drainage feature depicted on the Soil Survey
of Craven County, North Carolina on the King/Williams Tract on December 21, 2006. This evaluation
included determining whether this drainage feature was ephemeral, intermittent, or perennial.
ESI utilized the Soil Survey of Craven County, North Carolina, the USG5 Topographic Quadrangle
(Thurman, NC), the N.C. Division of Water Quality (DWQ) Identification Methods for the Origins of
Intermittent and Perennial Streams (Version 3.1), a hand auger, and a dip net.
ESI completed a DWQ Stream Identification Form (Version 3.1) for the drainage feature in question and
it scored an 18.5. According to DWQ identification methods, a score <19 is neither an intermittent nor
perennial stream. The DWQ stream form is included with this memo.
The drainage feature in question appeared to be a man-made ditch with remnants of a spoil pile adjacent
to the east side of the ditch. ESI evaluated the drainage feature based on geomorphology, hydrology, and
biology. This drainage feature is approximately 5 feet wide and 6 feet deep. On the day of the site visit
the channel had approximately 6 inches to 1.5 feet of stagnant water. Rooted plants with a facultative
status occupied portions of the channel segment investigated. The channel demonstrated either weak or
absent geomorphological characteristics. Biological attributes were not only visually observed but also
collected with a dip net and identified in the field. Fingernail clams, Physid snails, mosquito fish, and
scuds were found in the channel. All of these species commonly occur in man-made ditches with
stagnant water. Physid snails live above the water line, have lungs and are therefore air-breathing
opposed to other gill bearing snails that would rely on perennial waters to live. Mosquito fish have been
observed occurring in man-made ditches with fluctuating water levels such as the drainage feature in
question.
It is ESI's opinion that the drainage feature in question is a man-made ditch that is not a naturalized
intermittent or perennial stream.
If you need any additional information or questions please do not hesitate to contact me.

North Carolina Division of Water Quality -Stream Identification Form; version 3.1
Date: 12/21/2006 Project: King~llimas Property Latitude:
Evaluator: ESI Site: Longitude:
Total points:
Coun Craven Other: Thurman, NC
Streams are at least intermittent if '8,5
>=19 or erennial if >=30.
A. Geomorpholo subtotal = 5.5 Absent Weak Moderate Stron
1". Continuous bed and bank Q O Q 1 Q 2 Q 3
2. Sinuosity Q O Q 1 Q 2 Q 3
3. In-channel structure: riffle pool sequence ~ 0 Q 1 Q 2 Q 3
4. Soil texture or stream substrate sorting Q O Q 1 Q 2 Q 3
5. Active/relic floodplain Q O Q 1 Q 2 Q 3
6. Depositional bars or benches Q O Q 1 Q 2 Q 3
7. Braided channel Q O Q 1 Q 2 Q 3
8. Recent alluvial deposits Q O Q 1 Q 2 Q 3
9". Natural levees Q O Q 1 Q 2 Q 3
10. Headcuts Q O Q 1 Q 2 Q 3
11. Grade controls Q O Q 0.5 Q 1 Q 1.5
12. Natural valley and drains eway Q 0 Q 0.5 Q 1 Q 1.5
13. Second or greater order channel on existin USGS or NRCS
map or other documented evidence.
Q No = 0
Q Yes = 3
-nnan-mane citcnes are not ratec; see ciscussions in manual
B. Hvdroloav subtotal = 6
14. Groundwater flow/discharge Q O Q 1 Q 2 Q 3
5. ater in channe and >4 hrs since rain, or ater m c anne
- d or rowin season
Q O
Q 1
Q 2
Q 3
16. Leaflitter Q 1.5 Q 1 Q 0.5 Q O
17. Sediment on plants Q O ~ 0.5 Q 1 Q 1.5
18. Organic debris lines or piles (wrack lines) ~ 0 ~ 0.5 Q 1 Q 1.5
19. H dric soils (redoxomorphic features) present? Q No = 0 Q Yes = 1.5
C_ Bioloav subtotal = 7
20'. Fibrous roots in channel ~ 3 Q 2 Q 1 Q O
21". Rooted plants in channel 0 3 Q 2 Q 1 Q O
22. Crayfish Q O ~ 0.5 Q 1 ~ 1.5
23. Bivalves Q O Q 1 Q 2 Q 3
24. Fish QO Q0.5 ~1 Q1.5
25. Am hibians Q O Q 0.5 ~ 1 Q 1.5
26. Macrobenthos (note diversi and abundance) ~ 0 ~ 0.5 ~ 1 Q 1.5
27. Filamentous al ae; periph on D O Q 1 Q 2 Q 3
28. Iron oxidizin bacteria/fun us Q O Q 0.5 Q 1 Q 1.5
29*. Wetland plants in streambed Q FAC Q FACW Q OBL 0 SAV Q Other
-Hems zv-n rotas on me presence or upiana plants, item za rocuses on me presence or aquaac or wenana pants
Dotes: scuds
fingernail clams
physid snails
mosquito fish

w
Lauren Cobb -Senior Scientist -Project Manager
Ms. Cobb is a Senior Scientist for Environmental Services, Inc., (ESI). Ms. Cobb has a B.S. in
Natural Resources from N.C. State University and has over six years of experience delineating
complex stream systems throughout North Carolina.
As a Senior Scientist with ESI, Ms. Cobb is responsible for project management on natural resource
investigations. Ms. Cobb has been trained to identify benthos to aid in the classification of ephemeral,
intermittent, and perennial stream channels. Ms. Cobb has completed the following stream related
classes:
• DWQ Stream and Surface Water Identification for Riparian Buffer Rule Applications -
Piedmont and Coastal Plain
• DWQ Intermittent and Perennial Stream Identification for Riparian Buffer Rule Applications
• DWQ Aquatic Insect Collection Protocols for Stream Mitigation and Restoration Projects
• NCSU Introduction to Taxonomy and Ecology of EPT
• NCSU Introduction to the Taxonomy and Pollution Ecology of Aquatic Insects
Ms. Cobb is responsible for various tasks such as wetland and stream delineation, threatened and
endangered species habitat evaluations and surveys, wetland mitigation monitoring, report
preparation, and water quality monitoring including benthic macroinvertebrate sampling and
identification. She is the Project Manager for various projects including the on-call stream assessment
projects for the Durham County Engineering Department and the DWQ Headwater Stream Mapping
Project.

Jan 04 C7 05:13p
December l8, 2006
JK Williams Properties, LLC
Attention: Mr. J. Kenneth Williams
3313 Highway 70 East
New Bern, North Carolina 28560
lte: Stormwater Conveyance Evaluation
United Mini Storage Facility
Hwy 70 West
Craven County, North Carolina
Mr. Williams:
p.2
At your request, I am providing information regarding an evaluation of a stormwater conveyance
at the referenced site.
I have attached my professional resume to verify my credentials for conducting this evaluation_ I
believe my ]6 years working as a field biologist/geologist, as well as completing the North
Carolina State Utuversity Wetlands Delineation program, and two years of field experience
delineating wetland aze of particular relevance to this project.
The field investigation was conducted on December 17, 2006. The weather at the time of the
investigation was sunny and approximately 65 degrees F. There had been no recorded rainfall at
least 48 hours prior to the site visit. As indicated in the Ider~t fearion Methods for the Origins of
Intermittent and Perennial Streams (DWQ, Version 3.1, Effective February 2S, 2005), several
hundred feet of the conveyance was walked prior to the evaluation in both the upstream and
downstream directions. The sampling point for the evaluation was conducted within the area of
disturbance.
Although biology is present to indicate the potential for the channel to be classified as at least an
ephemeral stream, the geomorphology, hydrology, and other evidence strongly support
classifying the conveyance as a man-made ditch:
1) A soil boring was installed in the channel bed, immediately adjacent to the bed and
approximately mid-way down the length of the disturbance. Soils in the boring were
observed to be fine to medium grained silty sand. There was no mottling, gleying or
other redoximorphic features noted to indicate the presence of hydric soils. Although a
Mansell Color Chart was noted used in the field the estimated chroma of the soils
observed in the test boring, based on previous field e~rperience, was at least a 2.5, again
indicating that soils at the site are not hydric.

Jan 04 07 05:14p
p.3
December 18, 2005
Page Two
2} The Soil Conservation Service (SCS) Soils Map for the area indicates that site soils are
Leon fine sand (Le}. Based on previous experience and knowledge obtained during the
Wetlands Delineation course, Leon fine sands are a transitional soil and are included on a
listing as a hydric soil. However, it was stressed in the wetlands course that despite the
general classification as a hydric soil, Leon fine sands are open determined as non-hydric
in the field. My field observations did not indicate the Leon soils in the target azea to be
hydric.
3) Groundwater vcras observed to collect in the boring at a depth of approximately 8-10
inches below the bed of the channel. This indicates that groundwater is not seeping into
the channel. 'Phis is of particular note since the water table is typically higher at this time
of year (past the growing season).
4) The conveyance up-stream of the azea of disturbance is extremely lineaz and consistent in
width and depth. The presence of eroded tailings was observed along +.he banks of the
ditch. Rooted plants of significant size were noted in the channel both upstream and
within the area of disturbance. All of these factors support the fact that the conveyance is
a man-made drainage structure.
5) There is significaztt recent residential development to the east of the subject property.
This development has occurred over the last two years and has resulted in significant
impervious area. The final stormwater conveyance for this residential development ties
irrto the target conveyance immediately up-stream of the subject property. The target
conveyance had little to no water up-stream of the tic-in with the off-site storm~•ater
conveyance. Based on this evidence it appears that the existing water flow in the
disturbed area is largely due to stormwater form the recent development. This is
substantiated from your report that the conveyance has historically remained dry with the
exception of times immediately after a rain event.
6) The ditch is not recognized as a blue line on the existing USGS Topographic Quadrangle
for the area.
7) If this is indeed aman-made ditch, it is my understanding from the DWQ Stream
Identification Form and related guidance documentation that the Continuous Bed and
Bank criterion is not to be rated in the evaluation. Previous evaluations by DWQ rated
this criterion as a "Strong" which results in 3 points on your evaluation.
S} Previous evaluations by DWQ also indicate a Strong to Moderate rating on the Sinuosity
criterion. My observations did not indicate such a rating as the conveyance is relatively
linear.

Jan 04 d7 05:14p p.4
December 18, 2006
Page Three
I would recommend that the following tasks be completed:
It appears that my evaluation of the hydrology at the site differs significantly from the
findings reported during the recent evaluation conducted by Division of Water Quality
(DWQ) personnel. The methodology used to determine the presence of groundwater and
hydric soils by the DVi7Q representative should be further clarified. The determination of
hydric soils involves a specific process detailed by soil scientists and by the U.S. Army
Corps of Engineers (USAGE}, and details of this process should be provided by DR'Q.
I understand that you have or will have the site evaluated by another firm. It is
recommended that the soils at the site be evaluated by a licensed soil scientist, using
proper field techniques accepted by the U5ACE (Wetlands Deteimir-ation form with
Mansell Chart evaluation) to determine the presence/absence of hydric soils. In addition,
a pieaometer should be installed to determine the depth to groundwater in relation to the
water in the channel.
• Since the sinuosity rating on the DWQ evaluations is higher than I would have expected,
I would also request that DWQ provide the basis for calculating the sinuosity ratio as
indicated in their guidance documentation I also Hated rooted plants in the channel,
which the DWQ evaluations did not confirm.
The copy of the Stream Identification form completed during the I?ecember 17, .2006 site visit is
attached. Based on the evidence presented the conveyance appears to meet some of the crrberia
for an ephemeral stream. However, it is my opinion that the conveyance has been strongly
impacted in the past two years by the adjacent development and associated stormtvater.
Although I can not verify, from information you have provided it appears that the ditch has
historically remained dry except far times after a rainfall event. Based on these two factors the
presence of the sma11 amount of water in the conveyance is most likely recent and due to
In addition, the conveyance takes on the appearance of a natural stream down-gradient of the
area of disturbance (sad off the subject property). All these factors strongly support the
conclusion that the conveyance in the affected area is man-made.
I hope that this provides you with the information you require for your project. If you have any
questions or require any additional information, do not hesitate to contact me at (gl4} 686-4flI0.
Sincerely,
,.~..
shown P. Carroll

,412007 15:38

9106023975
TI-ECLARKGROU
PgGE 02/02
~j~' VLl1[~[~, V1~,[!Vl
~,[ 1.Li
• G`EO-~IlVI/W11JIefJtS1 ~N1taES
Land/Hydrogr~p6ic Surveys
~, E»MpD, (~WC~vardanddsvls.co~au) AND HAND AEL1iVERX
January 3, ~Z007
Ward and Davis
,Attn: 1~.1. clerk wright
409 Pollock St.
New Bern, NC 28563
Dear Mr. Wright;
This correspondettcx is concerning DWQ project # 2006-1652 Craven County, d-e road l i 16, vv~'thin etNeuses
property located west of secondary road 1113, east of US Hwy 70, north of secondary
River Basin watershed end Brice's Creek watershed and within the Neuse River Basin, County of Craven, State of
North Carolina. Hereto refereed to as The Williams Property.
Based upon an onsite inspection which took place on or about September 26, 2006 and involved approximately one
hour and 20 minutes of onsi~ evaluation and based on historical aerial photograplu review of the afocernentioncd
site, it is my opinion that the systenn that exists on Chia parcel of land is an old man made drainage feature that does
not qualify as a modified natural stream. This drainage feature has been allowed to head cut due to development
infrastructure and road sysbCms adjacent m this parcel. The 7.5' New Bern Quadrangle map does not indicate a blue
l'une stream within the aroe in question and the landscape position dues not show it to be a naturally occurring str~tr-
feature based upon my onsite inspection. At the time of my inspection 1 did not note sigeificent 'aquatic species,
including fitifsh a anuphiblans. It should be noted that the adjacert subdivision that is south ar~d east of this Parcel
was net regulated as containing a stream feature. i am attaching for yew use the documents in the fornn of historical
aerials with the dates on the e+everse side so that you aan see the progression of this feature's history.
Sinaeroly,
Gary A. Mitchell
Regulawry Wetlands Biologist
Senior Vice Prosident, Wetlands Division
Attaatiments (aerial photographs and resume)
Corporate Office: 5000 Blue Clay Rd. Castle Haynie, NC 28429.1'.0. llnx IOI36 Wilmir-gtora, NC 2$4U4~
[phone] Office • (41.0) t~02-3975 Facsimile ~ www.clarkgrottp~ue

Gary A. Mitchell
Regulatory Wetlands Consultant
P.O. Box 55
Ivanhoe, N.C.
EDUCATION
Wayne Community College
A.A.S., Forestry 1974
University of North Carolina at Wilmington
Wetland Ecology, Graduate Study, 1987
Wetland Training Institute
Poolesville, Maryland 1989
Use of the Federal Manual for Identification of Wetlands
U.S. Army Corps of Engineers
Training Center for Professional Development
Hydric Soils, Regional
Huntsville, Alabama 1991
U.S. Army Corps of Engineers
Training Center for Professional Development
Regulatory IV, Wetland Identification, and Delineation
Huntsville, Alabama 1992
U.S. Army Corps of Engineers
Waterways Experiment Station
Hydric Soils, Regional
Mobile, Alabama 1992
EXPERIENCE
THE CLARK GROUP
Senior Vice President Wetlands Division
2005-Present
FUNSTON LAND & TIMBER
Environmental Director/Project Manager
Winnabow, NC

MITCHELL AND ASSOCIATES, INC.
Environmental Consultants
Greenville, North Carolina
Chairman
1998- 2002
MITCHELL AND ASSOCIATES, INC.
Environmental Consultants
Greenville, North Carolina
President
1993-1998
U.S. Army Corps of Engineers
Wilmington District, Regulatory Branch
Wilmington ,North Carolina
GS-11 Regulatory Biologist, Wetland Permitting, Identification, and Enforcement
John R. Adams Co., Inc.
Engineering, Surveying, Planning
Durham, North Carolina
Environmental Specialist, Project Manager, Surveyor
1986-1990
Bass, Nixon, and Kennedy
Surveyors, Engineers, Planners
Cary, North Carolina
Surveying Crew Leader
1981-1985
Thomas Speight & Associates
Surveyors
Tarboro, North Carolina
Surveying Crew Leader
1978-1980
Texas Gulf, Inc.
Aurora, North Carolina
Surveyor
1974-1977
EXPERT WITNESS AND SOLICITED TESTIMONY
Consultant
Ward & Smith P.A., Attorneys at Law
Opinion Letter Regarding Regulatory Permitability and Development Potential

Ingels v. Whittington
New Hanover County
David Sneeden, Attorney at Law
United States Senate
Testimony, United States Senate
Committee on Environment and Public Works
Subcommittee on Clean Air, Wetlands, Private property and Nuclear Safety
July 19, 1995
Robert Boyd v. Jackies Creek Development
Binding Arbitration
Brunswick County, North Carolina.
Expert Testimony Regarding Feasibility
DOT v. John Lengyel
File 72L0514(A)
Craven County, North Carolina
LClark Wright, Jr.
Ward & Smith, P.A., Attorneys at Law
State of North Carolina v. J & H Milling Co., Inc. and Richard Stephen Holloman, Jr.
Greene County, North Carolina
Testimony
R. Gene Braswell
Barnes, Braswell and Haithcock, P.A., Attorneys at Law
Marshall Cox v. NCDENR
Wayne County
Enforcement Resolution
American Canoe Association, Inc. and The United States of America v. Murphy Farms,
Inc., d/b/a Murphy Family Farms and D.M. Farms of Rose Hill, L.L.C.
u.s.District
Sunset Beach Development, LLC v. AMEC, Inc., AMEC Earth and Environmental, Inc.,
of North Carolina, Michael T. Ball, Robert L. Bellamy and Associates, Inc. GGSH
Associates, Jerry L. Sellers, Julian Dale Gore, Franklin Dale Gore and Richard P.
Herdman.

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LMG
LAND MANAGEMENT GRQUP n~~
Environmental Consultants
~..-
Mr. Clark Wright
Ward and Davis, LLP
409 Pollock Street
New Bern, N.C. 28562
January 4, 2007
Mr. Wright:
On behalf of Williams Properties, LLC, Land Management Group, Inc. (LMG) was contracted to
conduct a stream assessment on a parcel located adjacent to Thurman Road. This investigation was
conducted in response to a notice of violation (NOV} issued by the Division of Water Quality on August
28, 2006. The NOV was written in response to the removal of riparian vegetation in Zone 1 for
approximately 400 feet within the property. The stream evaluation conducted by DWQ staff scored a
26, sufficient to define the feature as an intermittent stream which is subject to current Neuse Buffer
laws.
LMG conducted an on-site investigation of the property on January 3, 2006. This evaluation took place
approximately 48 hours after a 0.35 inch rain (New Bern Airport, KEWN) event on January 1, 2006.
Rainfall for the preceding two weeks totaled 5.05 inches, well above average for non-growing season
conditions. The stream evaluation conducted generated a score of 18.25, a total that is below the 19
point threshold which DWQ defines as an intermittent stream.
The investigation was conducted approximately 50' east of the existing culvert (see attachment).
Conditions at this point are consistent with historic channelization as the feature lacks appropriate
sinuousity and exhibits little to no natural drainage pattern in the surrounding topography. Furthermore,
the feature lacks a continuous bed and bank system, typical of a natural stream channel.
Development of biobgical and physical indicators in this area may have been accelerated due to the
increased inflows from the DOT run-off as well as stormwater from the newly constructed residential
subdivision directly adjacent to the Ulliams' parcel. Stormwater outlets empty directly into the feature
without any pretreatment to reduce velocity or volume. Perennial flow does not appear to exist until
further down gradient. As a result, surrounding land use (i.e. impervious coverage, stormwater inflows)
appear to contribute sign~cantly to the water budget of this system.
www.lmgroup.net • [e-mail] • Phone: [phone] • Fax: [phone]
3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 • P.O. Box 2522, Wilmington,
NC 2$402

Please feel free to contact me at 910-452-0001 or bmanning~lmgroup.net if you have further
questions or comments regarding this project. Thank you for your time.
Sincerely,
Digitay agnetl try Brent Manning
DN CN=&ent Menning.O=US.
Brent O =Lend Management Group. OU
=Environmental ScisnOS[
Reason'. 1 em the author IN [his
~
Manning o z
,g,~,5ggoz g5~
Brent Manning
Environmental Scientist
Enc: NC DWQ Stream Evaluation Form
www.lmgroup.net • info~lmgroup.net • Phone: [phone] • Fax: [phone]
3805 Wrightsville Ave., Suite 15, Wilmington, NC 28403 • P.O. Box 2522, Wilmington,
NC 28402

,, NCDWQ Stream Classification Form
Project Name:
Will~ms Properties, LLC
DWQ Project Number:
Date:
River Basin:
Neuse River
Nearest Named Stream:
Brices Creek
USGS QUAD: New Bem
County: Craven
Latitude:35.043809
Longitude: -77.005178
Evaluator: CBM/CAP
Signature:
Location/Directions
* PLEASE NOTE: Ijevaluator and landowner agree that the feature is a man-made ditch, then use of this form is not necessary.
Also, if in the best professional judgement of the evaluator, the feature is aman-made ditch and not a mortified natural stream-this
rating system should not be used *
Primary Field Indicators: (Circle oneNamber Per Line)
L Geomor holo Absent W Moderate Stron
1) h; There ARiffle-Pool Sequences 0 G 2 3
2) Is The USDA Texture In Streambed ~
5) Is There An Active (Or Relic)
9) Ia A Continuous Bed & Bank Present? 0 `lf 2 3
('NOTE' It Bed & Bank Caused ByDitchirrgAnd WITHOUT SiraosiryThen Score=0'l
10) Is A 2"s C7der Or Greater Channel (As Indicated /~
On Tono Man And/Or In Field) Present? Yes=3 Not=l)I __
PRIMARY GEOMORPHOLOGY INDICATOR POINTS: 4
Secondary Field Indicators: (Circle One Number Per Line)
3) Does Topography Indicate A
Natural Drainage Ways 0 ~ 1 1.5
SECONDARY GEOMORPHOLOGY INDICATOR POINTS: 1
II. Hydrolo>ty Absent Weak Moderate Strone
1) Is This Year's (Or Last's) Leaflitter ~
4) Is Water In Channel And >48 Hra. Since 0 ~5 J ~ 1.5
5) Is There Water In Channel During Dry 0 V 1 1.5
Conditions Or In Growin Season ?
6) Are Hydric Soils Present In Sides Of Charmel (Or In Headcufl? Yes ~ No=O
SECONDARY HYDROLOGY INDICATOR POINTS: 5
S) Are Wetland Plants In Slreambed? SAV Mostly OBL 141osUy FACW Mostly FAC Mostly FACU Mostly UPL
(=NOTE: If Total Absence OfAl1 Plants In Streambed 2 1 75 .5 0 0
As Noted Above Skis This Step UNLESS SAV PresenP)
SECONDARY BIOLOGY INDICATOR POINTS: 3.25
TOTf~L POINT'S' (Pritntuy + Secondary}=18.25(If Greater Than Or Equal To ~ Points Th a Stream Is At Least Intermittent)
II. Hydrolotty Absent Weak Moderate StCORE
1) Is There A Groundwater ~
Flow/Discharae Preaent~ 0 l 1 1 2 3
PRIMARYHYDROLOGYINDICATOR POINTS:1

Christopher Brent Manning
Land Management Group, Inc.
3805 Wrightsville Avenue, Suite 14, 28403
P.O. Box 2522
Wilmington, NC 28402
Office: (910) 452- 0001
Fax: [phone]
Email: bmanning a(~Imgroup.net
EDUCATION:
Bachelor of Science, Natural Resources, concentration in Marine and Coastal
Processes, Emphasis in environmental science and policy, North Carolina
State University, 2000
Master of Science, Marine Science, concentration in GIS and coral reef
systems, emphasis in coastal wetland science and policy, University of North
Carolina at Wilmington, 2003
PROFESSIONAL CERTIFICATION:
Wetland Professional in Training, issued by the Society of Wetland Scientists (SWS)
SKILLS:
Microsoft office 2000, CorelDraw, Geographical Information Systems I
ArcView, Quattro Pro
EMPLOYMENT:
June 2003 -Present
Land Management Group, Inc., Wilmington, NC
Environmental Scientist
Duties: Wetland and Stream Delineation, CAMA/COE Permitting, Mitigation Planning
& Monitoring, GIS database management
January 2003 -June 2003
New Hanover County Planning Dept. Wilmington, North Carolina
GIS Technician for Tidal Creeks Program
Duties: Conservation planning, image analysis
August 2002 -December 2002
North Carolina Coastal Federation
GISNVetland Internship
Duties: Wetland survey and permit preparation. Development of GIS database.
2001- 2003
University of North Carolina at Wilmington
Graduate Research Assistant
Duties: Spatial Analysis Laboratory, Arcview GIS, website development

~~ -e.s
~~~ .e ~-- v z ~.--Q. ,
Phase 1 Review Land Management Group, Inc. 1949 Historical Soil
Gables Tract Environmental Consultants
Wlmin ton, N.C. Conservation Service
Craven County, NC g Aeri Photo
05-0x357Jmaps.cdr Augustl, 2001
SITE Scale 1° = 1000'

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Name: NEW BERN Location: 035° 02' 21.51" N 077° 00' 09.67" W
Date: 9/14/2006 Caption: United Self Storage
Scale: 1 inch equals 1000 feet