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HomeMy WebLinkAbout20231144 Ver 1_Green Heron Stream Determination Package_signed_20231023 North Carolina Department of Environmental Quality Division of Water Resources 512 North Salisbury Street 1611 Mail Service Center Raleigh, North Carolina 27699-1611 919.707.9000 October 23, 2023 DWR Project 2023-1144v1 Wayne County Daniel Ramsey, RestorEcology, LLC dramsay@restorecology.com Subject: On-Site Determination for Applicability to the Neuse Buffer Rules (15A NCAC 02B .0714) Project Name: Green Heron Site Address / Location: 35.2970185, -78.0824668 Dear Mr. Ramsey: On September 5th 2023, Blake Harthorn and Shelton Sullivan conducted an on-site review of features located on the Green Heron Mitigation Bank Site with and at the request of Daniel Ramsey with RestorEcology, LLC to determine the presence of streams and the applicability of features on the site to the Neuse River Riparian Area Protection Rules, Title 15A North Carolina Administrative Code 02B .0714. The Division of Water Resources has determined that the features listed as “subject” in the table below and identified on the attached maps are shown on either the most recently published County NRCS Soil Survey of and/or the USGS National Map at a scale that incorporates the National Hydrography Dataset High Resolution data at 1:24,000 scale. In addition, the features listed as “subject” on the below table have been located on the ground at the site and possess characteristics that qualify them to be at least intermittent streams in accordance with the NC Stream Identification Manual v.4.11 and therefore subject to the Nuese Buffer Rules. Please be aware that features identified as “not subject” may be considered jurisdictional according to the US Army Corps of Engineers and subject to the Clean Water Act. The enclosed map(s) depict the feature(s) evaluated and this information is also summarized in the table below. Feature ID Feature Type* Subject to Buffer Rules Start @ Stop @ Depicted on Soil Survey Depicted on USGS Topo UT1 At least Intermittent Yes 35.295462, - 78.083952 Confluence with Edwards Branch Yes No DocuSign Envelope ID: 711AF9B7-D94B-47B6-B81E-525919A4C0F7 North Carolina Department of Environmental Quality Division of Water Resources 512 North Salisbury Street 1611 Mail Service Center Raleigh, North Carolina 27699-1611 919.707.9000 DWR 2023-1144v1 Green Heron Wayne County Page 2 of 3 UT2 Stream at least Intermittent Yes 35.295171, - 78.084492 Confluence with UT1 Yes No Ditch 1 Ditch No 35.297564, - 78.082717 Confluence with UT1 Yes No Ditch 2 Ditch No 35.295689, - 78.083145 Confluence with Ditch 1 No No Ditch 3 Ditch No 35.296771, - 78.084720 Confluence with UT2 yes No UT3 Stream at least intermittent Yes 35.295303, - 78.080146 35.293899, - 78.078865 yes no Ditch 4 Ditch No 35.296417, - 78.080109 Confluence with UT3 yes no Ephemeral 4 Ephemeral No 35.295855, - 78.078801 Confluence with UT3 yes no Ephemeral 5 Ephemeral No 35.298692, - 78.078801 35.298033, - 78.074438 no no Edwards Branch Stream at least intermittent Yes Southwestern property corner Northeastern property corner Yes Yes * Stream (ephemeral, intermittent, perennial), Ditch, Swale, Wetland, Other This on-site determination shall expire five (5) years from the date of this letter. The owner (or future owners) should notify the Division (and other relevant agencies) of this decision in any future correspondences concerning this property. Landowners or affected parties that dispute this determination made by the Division may request a determination by the Director of Water Resources. This determination is final and binding, unless an appeal request is made within sixty (60) calendar days of the date of this letter to the Director in writing. If sending via U.S. Postal Service: Stephanie Goss - DWR 401 & Buffer Permitting Branch Supervisor 1617 Mail Service Center Raleigh, NC 27699-1617 If sending via delivery service (UPS, FedEx, etc.) Stephanie Goss -DWR 401 & Buffer Permitting Branch Supervisor 512 N Salisbury St. Raleigh, NC 27604 This letter only addresses the applicability of the stated regulations on the features identified on the subject property and/or within the proposed project area. This letter does not approve any activity within buffers or within waters of the state. There may be other regulated waters, streams or other features located on the property that do not appear on the maps or table referenced above. Any waters, streams, or other features on the site, including the features identified in this letter, may be considered jurisdictional according to the US Army Corps of Engineers and subject to the Clean Water Act. If you have any additional questions or require additional information, please contact Blake Hartshorn at 919-707-3684 or blake.hartshorn@deq.nc.gov. This determination is subject to review as provided in Articles 3 & 4 of G.S. 150B. DocuSign Envelope ID: 711AF9B7-D94B-47B6-B81E-525919A4C0F7 North Carolina Department of Environmental Quality Division of Water Resources 512 North Salisbury Street 1611 Mail Service Center Raleigh, North Carolina 27699-1611 919.707.9000 DWR 2023-1144v1 Green Heron Wayne County Page 3 of 3 Sincerely, Stephanie Goss DWR Central Office Enclosures: USGS Topographical Map published NRCS Soil Survey Site Map Electronic cc: 401 & Buffer Permitting Branch, Laserfiche Project File: 20231144 version 1 Landowner: David H. Overman and wife, Lorenda B. Overman USACE County Rep, Emily Thompson, Emily.b.thompson@usace.army.mil DWR Washington Regional Office DocuSign Envelope ID: 711AF9B7-D94B-47B6-B81E-525919A4C0F7 DocuSign Envelope ID: 711AF9B7-D94B-47B6-B81E-525919A4C0F7 Ditch 3 Ditch 1 Ditch 4 Ephemeral 4 UT 3 Ephemeral 5 Edwards Branch Ditch 2 is not depicted No channel DocuSign Envelope ID: 711AF9B7-D94B-47B6-B81E-525919A4C0F7 USGS National Map: No features depicted except Edwards Branch Edwards Branch DocuSign Envelope ID: 711AF9B7-D94B-47B6-B81E-525919A4C0F7