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Home My WebLink About20200126 Ver 1_Buffer and/or Stream Appeal Determination_20200130ROY COOPER Governor MICHAEL S. REGAN Secretary LINDA CULPEPPER Director Mike Perry 108 Tulliallan Lane Cary, NC 27511 NORTH CAROLINA Environmental Quality January 30, 2020 DWR Project # 20200126 Johnston County James W. Narron Revocable Trust PO Box 1523 Smithfield, NC 27577-1523 Subject: On -Site Determination for Applicability to the Neuse River Basin Riparian Area Protection Buffer Rules Title 15A North Carolina Administrative Code (NCAC) 02B .0233 Location: South of Buffin Rd., Smithfield, Johnston County, NC, PIN 260100-56-81893-4664 and PIN 260100-56-8189 Dear Sir: On November 1, 2019, the Division of Water Resources (DWR) received a request from you, to appeal an on -site determination made by the NC Forest Service provided in Title 15A NCAC 02B .0233 (3) of the Neuse River Basin Riparian Area Protection Buffer Rules. On December 12, 2019, Shelton Sullivan of DWR, conducted an on -site determination to review the oxbow feature on the property for applicability to these rules. During the review, Shelton Sullivan evaluated the oxbow feature within the Neuse River floodplain that is sometimes inundated with flood waters, but not subject to the Neuse River Basin Riparian Area Protection Buffer Rules. The DWR Stream Classification Form was not completed since there was no discernable channel present. The results of the evaluation are below. Photographs and maps regarding the site visit are attached as well. Feature ID Feature *E/I/P/ Other Subject to Buffer Start @ Stop @ Depicted on Depicted on Type Rules Soil Survey USGS Topo Oxbow Possible Possible No Entire oxbow Entire oxbow NO Yes Wetlands Wetlands feature feature * E=Ephemeral; 1=Intermittent; P=Perennial This determination for the oxbow feature replaces the determination originally performed by the NC Forest Service as documented in their attached letter dated October 10, 2019. 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. D_Eq\� North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1611 +� /� 919.707.9000 Neuse River Basin Riparian Buffer Rules /Stream Determination Appeal DWR Project #20200126 Page 2 of 7 A petition form may be obtained from the OAH at http://www.ncoah.comi or by calling the OAH Clerk's Office at (919) 431-3000 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 8:00 am and 5:00 pm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431-3100, 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: Ifsending via U.S. Postal Service: Ifsending 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 on the subject property and does not approve any activity within any riparian buffers. Nor does this letter approve any activity within waters of the of the State or waters of the United States, which include wetlands. Any activities along these features may require 404/401 permits and certifications. Any inquiries regarding applicability to Section 404 of the Clean Water Act should be directed to the US Army Corps of Engineers Raleigh Regulatory Field Office at (919)-554-4884. If you have any additional questions or require additional information, please call Shelton Sullivan with DWR at (919) 707-3636 Sincerely, 1)4." Mac Haupt, Acting Supervisor 401 & Buffer Permitting Branch Attachments: Photographs; USGS Topo; NRCS Soil Survey; Original Letter from the NC Forest Service cc: 401 & Buffer Permitting Branch files Mike Perry, mikeperry@ncforester.com Matthew Haunsperger, matthew.haunsperger@ncagr.gov Tom Gerow, tom.a.gerow@ncagrrgov Stephanie Goss, stephanie.goss@ncdenr.gov Filename: 20200126_BuffinRd NeuseLowGroundjohnstonCo.docx Neuse River Basin Riparian Buffer Rules /Stream Determination Appeal DWR Project #20200126 Page 4 of 7 USGS 2019 Map - Feature Shown M ` Q- - 00 Johnston County Soil Survey - Feature Not Shown _ (51 -loll-W AN. 8 ',, Ch- Neuse River Basin Riparian Buffer Rules /Stream Determination Appeal DWR Project #20200126 Page 5 of 7 Neuse River Basin Riparian Buffer Rules /Stream Determination Appeal DWR Project #20200126 Page 6of7 Steven W. Troxler Commissioner Mike Perry 108 Tullianllan Lane Cary, NC 27511 Dear Mr. ferry, FORFS`r North Carolina Department of Agriculture SERVICE and Consumer Services N C Y C. Forest Service Scott Bissettae ,4uWan' Corr. rosioner tt-6 Water Quality Projects - Johnston County James W, Narron Revocable Trust October 10, 2019 D-6 Service Forester Matthew Haunspergcr and I have reviewed the water feature (oxbow) in question on the James W. Narron Revocable Trost tract that is South of Buffin Rd, North of the Neuse River in Johnston Co. N35 26.22, W 07818.95 This tract is located within the Neusc Rimer Basin Riparian Buffer Rule (I5A-NCAC 2B .0233). You have requested a clarification if this oxbow water feature within this site falls under the Ncuse River Basin Riparian Buffer Rule: Upon examining the water feature/oxbow, we have made the determination that it is (1) on the soil survey as an intermittent stream and, (2) keys out as an intermittent stream using the D. W.R. Stream Identification criteria, thus it is subject to the Neuse River Basin Riparian Buffer Rule. This statement only addr se! the applicability to the butler rule and does not approve any activity within the buffers. NC1 S has been given the authority to make on -site determinations by the NC Legislature through House Bill 1257 (HR 1257) and NC General Statue (G.S.)143-214.25A. The division of Water Resource has the authority through 1113 1257 and G.S. 143-214-25A to override this determination. The determination is only applicable to the butler rule and is not intended to delineate waters of the state of the United States subject to other state and federal protection. This determination is only valid for a 5- year period. If you want a 211 opinion, please contact the DWR to have them make the final call, My understanding that the person in the Raleigh Regional Office is Stephanie Goss, 919-791-4256, Site handles most of the Buffer Rule issues for them. 1. The stream in question which we have made the determination is subject to Ncusc River Buffer Rules is colored white 1615 Mail Service Center. Raleigh, North Carolina 275WIG16 Phone: (919) 8574001 - FAX (019) 85748t12 - www.mdorestsarvice gov M Equal Oppo tuna Employer Neuse River Basin Riparian Buffer Rules /Stream Determination Appeal DWR Project #20200126 Page 7 of 7 Jamim W. Nwroe K-C. Forest s T� Reveooble Trust 32& V w 4 ! se�rser • 2111K.ir1W a.u.......... �� ®rr...y �..r� b....��! �.•. •.... 3taw.asa. urw rsw ® ir..rl. a..a.r -..sue`.. O- .�. ■+...� ��. rr �w.r ur [+'' a.u.q. .. w .n This will confirm I have authorized Mike Perry to request an appeal of this determination, this 1st day of November, 2019. a the— mes W. Narr n, Trustee of the mes W. Narron Revocable Trust