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Home My WebLink About20211451 Ver 1_Stream or Buffer Appeal_20211004Staff Review Form Updated September 4, 2020 Staff Review Does this application have all the attachments needed to accept it into the review process?* 6* Yes r No ID#* Version* 1 20211451 Is this project a public transportation project?* r Yes r No Reviewer List:* Shelton Sullivan:eads\sosullivan Select Reviewing Office:* Central Office - (919) 707-9000 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:* ✓ For the Record Only (Courtesy Copy) ✓ New Project ✓ Modification/New Project with Existing ID ✓ More Information Response ✓ Other Agency Comments ✓ Pre -Application Submittal ✓ Re-Issuance\Renewal Request a Stream or Buffer Appeal Project Contact Information Name: Robert Turnbull Who is submitting the inforrration? Email Address: robert.turnbull@terracon.com Project Information Project Name: Benson Property Is this a public transportation project? r Yes a* 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. Click the upload button or drag and drop files here to attach document Benson Property_Buffer Appeal request_NBRRO 71.19KB 21-211.pdf Benson Property Buffer Determination Letter.pdf 2.07MB Only pa or krrz files are accepted. Describe the attachments or comments: This request is to dispute the applicability of the Neuse River Riparian Buffer Rules to feature TY as described in the attached Buffer Determination Letter. Sign and Submit 17 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: Submittal Date: Is filled in autorretically. for lrerracon October 4, 2021 Paul Wojoski NCDWR 401 & Buffer Permitting Unit 1617 Mail Service Center Raleigh, NC 27699-1617 Appeal Request: NBRRO #21-211 Mr. Wojoski, Edgewater Industrial, LLC would like to request an appeal of a buffer determination letter (NBRRO #21-211). Specifically, the determination that feature TY is subject to the Neuse River Riparian Buffer Rules is being disputed. The determinations made for all other features listed in the attached buffer determination letter are not being disputed. On behalf of Edgewater Industrial, LLC, Terracon would like to request a determination by the Director on the disputed feature. Please contact me at (760)717-2621 or rhiannon.graham@terracon.com if you have any questions. Rhiannon Graham Staff Scientist Robert Turnbull Department Manager Terracon Consultants, Inc. Address City, State Zip P (000) 000 0000 F (000) 000 0000 terracon.com Environmental • Facilities • Geotechnical • Materials DocuSign Envelope ID: F3E0402D-367B-436C-A8EC-50AE0E474D47 ROY COOPER Governor ELIZABETH S. BISER Secretary S. DANIEL SMITH Director David Wells Edgewater Industrial, LLC 110 Matthews Road Raleigh, NC 27614 Dear Mr. Wells: NORTH CAROLINA Environmental Quality August 30, 2021 Subject: Buffer Determination Letter NBRRO #21-211 Wake County On August 9, 2021, Alys Hannum of the Division of Water Resources (DWR) Raleigh Regional Office conducted an on -site review of the features located on the Benson property at the request of Terracon Consultants, to determine the applicability of features on the site to the Neuse River Riparian Area Protection Rules, Title 15A North Carolina Administrative Code 02B .0714. The enclosed map(s) depict the features evaluated, and this information is also summarized in the table below. Features were evaluated for subjectivity to the Neuse River Riparian Buffer Rules. Features that are identified as "Subject" have been located on either the most recent published NRCS Soil Survey of Johnston County, North Carolina and/or the most recent copy of the USGS Topographic map (at 1:24,000 scale), have been located on the ground, and possess characteristics that qualify them to be at least intermittent streams. Features that are identified "Not Subject" are not located on either of the required maps, have been determined to not be at least intermittent, or are not present on the property. There may be other streams or features located on the property that may be considered jurisdictional according to the US Army Corps of Engineers and therefore subject to the Clean Water Act. This project may require a Section 404/401 Permit for proposed activity within buffers or within waters of the state. Any inquiries should be directed to the US Army Corp of Engineers (Raleigh Regulatory Field Office) at (919)-554-4884. LD_E NORTH CAROLINA Departmental EnNnm taental Oual� North Carolina Department of Environmental Quality I Division of Water Resources Raleigh Regional Office 13800 Barrett Drive I Raleigh, North Carolina 27609 919.791.4200 DocuSign Envelope ID: F3E0402D-367B-436C-A8EC-50AE0E474D47 Benson Property Johnston County August 9, 2021 Page 2 of 3 Determination Type: Buffer Intermittent/Perennial ❑ Intermittent/Perennial Determination (where local buffer ordinances apply) N Neuse (15A NCAC 2B .0714) ❑ Tar -Pamlico (15A NCAC 2B .0734) ❑ Jordan (15A NCAC 2B .0267) (governmental and/or interjurisdictional projects) Project Name: Address/Location: Stream(s): Determination Date: Benson Property NC-50, Benson, NC 27504 Mingo Swamp August 9, 2021 Staff: Alys Hannum Feature E/I/P* Not Subject Subject Start @ Stop @ Soil Survey USGS Topo TA I or P X Subject throughout property X X TB I or P X West of Property Boundary Enters wetlands @ approximately X X TC 1 I or P X South of Property Boundary Enters wetlands @ approximately 35.36991, -78.52397 X X TC2 I or P X Exits wetlands @ approximately 35.37164, -78.523523 Enters wetlands @ approximately 35.37184, -78.52309 X X TY I X 35.374773, -78.529851 Confluence with TB X X TZ E X East of Property Boundary Confluence with TC X * E = Ephemeral, I = Intermittent, P = Perennial, NP = Not Present, N/A = Not Applicable, N/E = Not Evaluated £ D_E NORTH CAROIJNA Department of Environmental Quality North Carolina Department of Environmental Quality I Division of Water Resources Raleigh Regional Office 13800 Barrett Drive I Raleigh, North Carolina 27609 919.791.4200 DocuSign Envelope ID: F3E0402D-367B-436C-A8EC-50AE0E474D47 Benson Property Johnston County August 9, 2021 Page 3 of 3 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 DWR may request a determination by the Director. An appeal request must be made within sixty (60) days of date of this letter. A request for a determination by the Director shall be referred to the Director in writing. If sending via US Postal Service: c/o Paul Wojoski; DWR — 401 & Buffer Permitting Unit; 1617 Mail Service Center; Raleigh, NC 27699-1617. If sending via delivery service (UPS, FedEx, etc.): Paul Wojoski; DWR — 401 & Buffer Permitting Unit; 512 N. Salisbury Street; Raleigh, NC 27604. This determination is final and binding unless, as detailed above, unless an appeal is requested within sixty (60) days of the date of this letter. If you have questions regarding this determination, please feel free to contact Alys Hannum, of my staff, at alys.hannum(a)incdenr.gov, or by telephone at (919) 791-4255. Sincerely, DocuSigned by: BCDA9D825D4A46D... Scott Vinson, Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office cc: RRO DWR File Copy/Laserfiche David Wells, Edgewater Industrial, LLC (david(Z marlowellsteam.com) Rhiannon Graham, Terracon Consultants (Rhiannon.graham(Z terracon.com) £ D_E NORTH CAROIJNA Department of Environmental Quality North Carolina Department of Environmental Quality I Division of Water Resources Raleigh Regional Office 13800 Barrett Drive I Raleigh, North Carolina 27609 919.791.4200 DocuSign Envelope ID: F3E0402D-367B-436C-A8EC-50AE0E474D47 Benson Property Johnston County, NC-DWR Project #21-211 NRCS Soil Survey Sheets 9 & 13 Johnston Co., NC 1970 Legend: -project boundary Base map provided by Terracon :: Locations are approximate and are provided for refer- ence only :: r DocuSign Envelope ID: F3E0402D-367B-436C-A8EC-50AE0E474D47 Benson Property Johnston County, NC-DWR Project #21-211 ‘x-vj 9 54 4 Llir Tpr- (gmb rriem 2P ,a.. Subject 112 ‘ie ITY: Subject J TB: Subject TC1: Subject D TC2: Subject TZ: Not Shown USGS Topographical Map Dunn & Benson Quadrangles 2019 Legend: -Project boundary Base map provided by Terracon :: Locations are approximate and are provided for refer- ence only :: t DocuSign Envelope ID: F3E0402D-367B-436C-A8EC-50AE0E474D47 TY: Not Shown Legend: -Project boundary Benson Property Johnston County, NC-DWR Project #21-211 TB: Subject TC1: Subject TA: Subject TC2: Subject Base map provided by Terracon :: Locations are approximate and are provided for refer- ence only :: TZ: Not Shown t v