20240898 Ver 1_Determination Letter_20240708

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ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
NORTH CAROLINA
Environmental Quality
July 8, 2024
Jordan Burbage, Project Manager
EcoTerra, LLC
[e-mail]
Project 20240898 Version 1
Person County
Subject: Determination for Applicability to the Neuse Buffer Rules
15A NCAC 02B .0714
Project Name: Tobacco Flats Mitigation Bank
Address: US Hwy 501, North Flat River, Timberlake, NC
Location: Lat., Long: 36.306212,-78.966981
Dear Jordan Burbage:
On July 2, 2024, Shelton Sullivan, Samantha Wooten, and Jenni Emmons of the
Division of Water Resources (DWR) conducted an on -site review of feature(s)
located on the Tobacco Flats Mitigation Bank Site at the request of EcoTerra 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. Jordan Burbage and josh Sizemore with
EcoTerra were also present for the site visit.
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 in the below table
were evaluated in accordance with the NC Stream Identification Manual v.4.11.
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.
North Carolina Department of Enviromnental Quality I Division of Rater Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
rvoarH caaouNn � 919.707.9000
oepanmem or enviro memai auar�

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Page 2of3
Tobacco Flats Mitigation Bank
DWR20240890 V1
Feature ID
Feature
Subject to
Start @
Stop @
Depicted on
Depicted on
Type
Buffer Rules
Soil Survey
USGS Topo
North Flat
Stream,
Upstream of
Continues
Creek
Perennial
Subject
property
downstream
Yes
Yes
of property
Northeast of
Confluence
Stream,
property
with North
UT1
Perennial
Subject
36.307811,
Flat Creek
No
Yes
-78.970413
36.308681,
-78967777
Western
Partially
property at
Confluence
UT2
At least
Subject
Hwy 501
with UT1
Partial. See
No
Intermittent
(upper
culvert
36.306858,
maps
section)
36.304388,
-78.968765
-78.970683
Ditch start,
UT3, SE and
D1
Ditch
Not Subject
36.305511,
off property
No
No
-78.968277
038,
-78.96
78.966381
Ditch start,
Confluence
D2
Ditch
Not Subject
36.305428, -
with North
No
No
78.966082
Flat Creek
Ditch to
Stream, at
stream
Confluence
UT3
least
Subject
transition,
with North
Yes
No
intermittent
36.305038,
Flat Creek
-78.966381
Ditch/wetland
to stream
Confluence
Stream, at
transition, SE
with UT3
UT4
least
Not Subject
and off
459,
No
No
intermittent
property,
-8.966047
78.96
36.304506,
-78.966608
* Stream (ephemeral, intermittent, perennial), Pond, 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 correspondence 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.
Ifsending via U.S. Postal Service:
Stephanie Goss - Division of Water Resources
401 & Buffer Permitting Branch Supervisor
1617 Mail Service Center
Raleigh, NC 27699-1617
Ifsending via delivery service (UPS, FedEx, etc.)
Stephanie Goss - Division of Water Resources
401 & Buffer Permitting Branch Supervisor
512 N Salisbury St.
Raleigh, NC 27604

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Tobacco Flats Mitigation Bank
DWR20240890 V1
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 Shelton Sullivan at shelton.sullivanna deq.nc.gov or 984-272-7626. This
determination is subject to review as provided in G.S. 1SOB.
Sincerely,
DocuS•ig-n1e-d ,by:
'/'6((
755ABFOCD80B428...
Stephanie Goss, Supervisor
401 & Buffer Permitting Branch
Attachments: Site Map with labels, NRCS Soil Survey, USGS Topographical Map
cc: 401 & Buffer Permitting Branch, Laserfiche Project File
James Edard Moize, 1009 NC Hwy S7, Hillsborough, NC 27278
Rachel Capito, USACE Regulatory Field Office, [e-mail]

DocuSign Envelope ID: FC8E4AB6-2A2E-4A6E-B1C8-D91A5F8F1011
DWR Labels on map provided by EcoTerra. DWR Inspection 7-2-2024, Shelton Sullivan
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DocuSign Envelope ID: FC8E4AB6-2A2E-4A6E-B1C8-D91A5F8F1011
NRCS Person County Soils Map
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DocuSign Envelope ID: FC8E4AB6-2A2E-4A6E-B1C8-D91A5F8F1011
USGS Topographic Map
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