20100135 Ver 1_Buffer Determination_20100225

CCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
February 25, 2010
DWQ EXP# 10-0135
Johnston County
Janel Parker
Johnston County Economic Development
P.O. Box 1179
Smithfield, NC 27577
Subject Property: Proposed Four Oaks Business Park
On-Site Determination for Applicability to the Neuse Riparian Area Protection Rules (15A NCAC 2B
.0233) - EXPRESS REVIEW PROGRAM
Dear Ms. Parker:
On February 25, 2010, at your request, Lia Myott Gilleski conducted an on-site determination to review
three stream features (two additional streams were uncontested perennial streams) located on the subject
property for applicability to the Neuse Buffer Rules (15A NCAC 213 .0233). The features are labeled as
"A" through "B" on the attached maps initialed by Lia M. Gilleski on February 25, 2010. The Division of
Water Quality (DWQ) has determined that the following:
• Feature "A" is subject to the Neuse Buffer Rule on the property from the DWQ flag labeled
"A1" to the flag labeled "A2" (Intermittent stream). At the flag "A2", the feature changes to a
drainage pattern through a wetland and is no longer subject to the Neuse Buffer Rule.
• Feature "B" is not subject to the Neuse Buffer Rule on the property. It is a wetland/ephemeral
stream complex.
• Feature "C" is not subject to the Neuse Buffer Rule on the property. It is a wetland/ephemeral
stream complex.
• Feature "D" (Juniper Swamp) is subject to the Neuse Buffer Rule on the property, since it is an
uncontested perennial stream.
• Feature "E" (UT Juniper Swamp) is subject to the Neuse Buffer Rule on the property, since it is
an uncontested perennial stream.
This on-site determination shall expire five (5) years from the date of this letter. Landowners or affected
parties that dispute a determination made by the DWQ that a surface water exists and that it is subject to
the buffer rule may request a determination by the Director. A request for a determination by the Director
shall be referred to the Director in writing c/o Ian McMillan, DWQ 401 Oversight/Express Review
Permitting Unit, 2321 Crabtree Blvd., Raleigh, NC 27604-2260. You must act within 60 days of the date
that you receive this letter. Applicants are hereby notified that the 60-day statutory appeal time does not
start until the affected party (including downstream and adjacent landowners) is notified of this decision.
This determination is final and binding unless you ask for a hearing within 60 days.
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
Location: 2321 Crabtree Blvd., Raleigh, North Carolina 27604
Phone: [phone] FAX: [phone]
Internet: http://h2o.enr.state.nc.us/ncwetlands/
NonrthCarohna
Natmrall,ff
An Equal Opportunity 1 Affirmative Action Employer
Johnston County Economic Development
Page 2 of 2
February 25, 2010
This letter only addresses the applicability to the buffer rules and does not approve any activity within the
buffers. Nor does this letter approve any activity within Waters of the United States or Waters of the
State. If you have any questions, please contact Lia Myott Gilleski at 919.733.9502.
CHS/cbldlmg
Attachments: Johnston County Soil Survey Map
USGS Topographic Map
Sincerely,
Coleen H. Sullins
cc: Lauren Witherspoon, DWQ Raleigh Regional Office
Martin Richmond, DWQ Raleigh Regional Office
File Copy
Mapped Soil Units in Proiect Study Area
Bb - Bibb sandy loam, frequently flooded
GeB - Gilead sandy loam, 2 to 8% slopes
GeD - Gilead sandy loam, 8 to 15% slopes
Ra - Rains sandy loam
Proposed Four Oaks
Business Park
y, NC
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UcB - Uchee loamy coarse sand, 2 to 6% slopes
UcD - Uchee loamy coarse sand, 6 to 12% slopes
WaB - Wagram loamy sand, 0 to 6% slopes
Soil Survey Project
Study Area
FIGURE 3
nCC wLA aou Nurvev or ohnston County North Carolina Sheet 10 (1994). Approximate Scale 1 : 24,000
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Proposed Four Oaks USGS Project
Business Park Study Area
Johnston County, NC
FIGURE 2
® STV/Ralph Whitehead Associates