20210290 Ver 1_Stream or Buffer Appeal_20210208

Staff Review
Does this application have all the attachments needed to accept it into the review process?*
r Yes r No
ID#* Version* 1
20210290
Is this project a public transportation project?* r Yes
r No
Reviewer List:* Shelton Sullivan:eads\sosullivan
Select Reviewing Office:* Central Office - [phone]
Does this project require a request for payment to be sent?*
r
Yes
r
No

Project Submittal Form
Please note: fields marked with a red asterisk below are required. You will not be able to submit the form until all
mandatory questions are answered.
Project Type: * r For the Record Only (Courtesy Copy)
r New Project
r Modification/New Project with Existing ID
r More Information Response
r Other Agency Comments
r Pre -Application Submittal
r Re-Issuance\Renewal Request
r Stream or Buffer Appeal
Project Contact Information
Name: Wyatt I brown
Who is subrritting the inforrration?
Email Address: [e-mail]
Project Information
Project Name: River Ridge
Is this a public transportation project?
r Yes
r No
Is the project located within a NC DCM Area of Environmental Concern (AEC)?
r Yes r No r Unknown
County (ies)
Johnston
Please upload all files that need to be submited.
oickthe upload button or drag and drop files here to attach document
NB 18-003 River Ridge (2).pdf 149.02KB
SOIL (7).pdf 2MB
Only pdf or krre files are accepted.
Describe the attachments
or comments:
I have attached the original Buffer Letter from Carlos Bagley when he was employed by Johnston County
Stormwater. It is dated February 8, 2018. At the time, Carlos called me and said he was claiming it subject at
the crossing location, Carlos never mailed the letter, In December 2020 when the County claimed my client
has violated the buffer upstream with a house foundation, we requested the official letter, My client never
received the letter until December 31, 2020. Understandability, there is confusion on the part of the County
and my client. I was with Carlos Bagley when he made the original determination in the field, he never walked
up (north) to the property line to check the feature upstream, I firmly believe his intent was to call the feature
in the location of the planned crossing on downstream, subject, but not upstream to the property line. (I met
the Corps in the field approximately the same time, they only claimed the feature jurisdictional in the crossing
location and downstream). I appreciate your help and wish to be with you for the site visit. We will practice
social distance and wear a mask. thank you, If you need anything else please don't hesitate. thank you Wyatt
Brown

Sign and Submit
P By checking the box and signing box below, I certify that:
■ I, the project proponent, hereby certifies that all information contained herein is true, accurate, and complete to
the best of my knowledge and belief.
■ I, the project proponent, hereby requests that the certifying authority review and take action on this CWA 401
certification request within the applicable reasonable period of time.
■ I agree that submission of this online form is a "transaction" subject to Chapter 66, Article 40 of the NC General
Statutes (the "Uniform Electronic Transactions Act');
■ I agree to conduct this transaction by electronic means pursuant to Chapter 66, Article 40 of the NC General
Statutes (the "Uniform Electronic Transactions Act');
■ I understand that an electronic signature has the same legal effect and can be enforced in the same way as a
written signature; AND
■ I intend to electronically sign and submit the online form.
Signature:
j22C7`0WJil
Submittal Date: Is filled in autorratically.

February 8, 2018
Wyatt Brown, LSS, CPESC
Brown's Environmental Group, Inc.
242 Batten Farm Rd
Selma, NC 27576
Subject: Neuse River Buffer Call
NBR# NB 18-003
Project Name: River Ridge Parcel (NC PIN# 265500-12-8289)
Location / Directions: Princeton-Kenly Rd, Kenly, NC
Subject Stream: UT to Little River (C, NSW)
Determination Date: February 8, 2018 Staff: Carlos Bagley, PE
Stream
USGS
Latitude
Longitude
Feature
Type
Not
Subject
Subject
Start �a
Stop A
Soil
Survey
(Dec.
(Dec.
(E/I/P)*
Topo
Degrees)
Degrees)
S l
I
❑
®
Throughout
®
❑
S2
I
❑
®
Throughout
®
❑
❑
❑
❑
❑
❑
I
❑
❑
❑
*E/I/P = Ephemeral /Intermittent/Perennial
Explanation: The feature(s) listed above that are checked "Subject" to the Johnston County Neuse
Riparian Buffer Ordinance (Section 14-393 Johnston County Code of Ordinances) has or have been
approximately shown on either the Soil Survey of Johnston County, North Carolina (1994) or the most
recent version of the 1:24,000 (7.5 minute) quadrangle topographic maps prepared by the United States
Geologic Survey (USGS), and have been located on the property and possess characteristics that qualify
it to be a stream. Each feature that is checked "Not Subject" has been determined not to be a stream or
is not present on the property. There may be other streams located on your property that do not show up
on the maps referenced above but still may be considered jurisdictional according to the US Army Corps
of Engineers and/or the North Carolina Division of Water Resources.

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 Johnston County may request a
determination by the Director of the Division of Water Resources c/o the 401 and Buffer
Permitting Unit, or its successor. An appeal request must be made within sixty (60) days of the
date of this letter or from the date the affected party (including downstream and/or adjacent
owners) is notified of this letter. A request for a determination by the Director must be submitted
in writing with a copy of this letter to:
North Carolina Division of Water Resources
401 & Buffer Permitting Unit
1650 Mail Service Center
Raleigh, North Carolina 27699-1650
This determination is final and binding unless, as detailed above, a request for an appeal has been
made in writing within sixty (60) days.
The owner/future owners should notify the Division of Water Resources (including any Local,
State, and Federal Agencies) of this decision concerning any future correspondences regarding the
subject property (stated above). This project may require a Section 404/401 Permit for the
proposed activity. Any inquiries should be directed to the US Army Corps of Engineers Raleigh
Regulatory Field Office at [phone] and the Division of Water Resources 401 & Buffer
Permitting Unit at [phone].
If you have any questions regarding this determination, please feel free to contact Carlos Bagley at (919)
209-8333 or via email at carlos.bagleykjohnstonnc.com.
Sincerely,
Carlos Bagley, PE
Environmental Manager

i ON C4.f. �,...
Propertry Info:
River Ridge
Johnston County Soil Survey NC PIN 265500-12-8289
Johnston County Public Utilities
309 E. Market Street 880 440 0 880
P.O. Box 2263 Feet
Smithfield, NC 27577