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HomeMy WebLinkAbout20211546 Ver 1_Buffer origin determination letter_20211109Strickland, Bev From: Pullinger, Robert C Sent: Tuesday, November 9, 2021 1:09 PM To: Scott Stone Cc: Thompson, Emily B CIV USARMY CESAW (US); Jones, Jerry R; Hardison, Lyn; jonas.hill@pittcountync.gov; Shrader, Thomas; Martin, Tina R Subject: Buffer origin determination letter (DWR Express Permitting Program) Attachments: Signed_2021-1546 v1 - Jones Site (Pitt Co. - N-1) 20211109).pdf Mr. Stone (Scott), Please find attached the documentation from my site visit, indicating that the Neuse Buffer Rules would apply to the drainage feature. Due to the nature/confines of the lot, I'm fairly certain that the residential structure() shown in the buffer origin determination request would be eligible to request a buffer authorization for impacts within the buffer, and I've pasted in the applicable part of the table of uses. If you have any questions, please let me know how I can be of help. i reiuu eu is Iestoreu (v) Residential Properties: Where application of this Rule would preclude construction or expansion of a single-family residence and necessary infrastructure, the single-family residence may encroach in the buffer if all of the following conditions are met: (1) the residence is set back the maximum feasible distance from the top of the bank rooted herbaceous vegetation. normal high-water level_ or normal water level, whichever is applicable; on the existing lot; () the residence is designed to minimize encroachment into the riparian buffer, (3) the residence complies with Item 9 of this Rule; and (4) if the residence will be served by an on -site wastewater system, no part of the septic tank or drainfield may encroach into the riparian buffer: (i) The residence or necessary infrastructure only impact Zone Deemed Allowable Allowable wi Allowable Upon Mitigation Up Authorization Autliorizatio Chris Pullinger Environmental Specialist II Division of Water Resources — Water Quality Regional Operations North Carolina Department of Environmental Quality 943 Washington Square Mall Washington, NC 27889 252 948 3918 office/desk phone 252-943-1036 state cell phone chris.pullinger@ncdenr.gov 2 re:nuveu 15 restureu (v) Residential Properties: Where application of this Rule would preclude construction or expansion of a single-family residence and necessary infrastructure; the single-family residence may encroach in the buffer if all of the following conditions are met: (1) the residence is set back the maximum feasible distance from the top of the bank, rooted herbaceous vegetation, normal high-water level, or normal water level, whichever is applicable, on the existing lot; (2) the residence is designed to minimize encroachment into the riparian buffer; (3) the residence complies with Item (9) of this Rule; and (4) if the residence will be served by an on -site wastewater system, no part of the septic tank or drainfield may encroach into the riparian buffer: (i) The residence or necessary infrastructure only impact Zone 2 X Deemed Allowable Allowable with Prohibited Allowable Upon Mitigation Upon Authorization Authorization ROY COOPER Governor ELIZABETH S. BISER Secretary S. DANIEL SMITH Director Casey and Traci Jones 3752 Woodman Road Greenville, North Carolina 27858 NORTH CAROLINA Environmental Quality November 08, 2021 Subject: On -Site Determination for Applicability to Neuse Riparian Buffer Rules (15A NCAC 02B .0714) Subject Property/ Project Name: Jones Site - Pitt County Parcel 81056 Address/Location: Intersection of Woodman Road and NC HWY 43, Shelmerdine NC 27858 Stream(s) Evaluated: (1) — UT to Clayroot Swamp; Class C, Sw, NSW; Stream Index 27-97-5; Neuse River Basin Determination Date: November 5, 2021 Staff: Chris Pullinger 2021-1546 v1 Pitt County Determination Type: Buffer: Stream: 0 Neuse (15A NCAC 02B .0714) ❑ Intermittent/Perennial Determination ❑ Tar -Pamlico (15A NCAC 02B .0734) ❑ Catawba (15A NCAC 02B .0614) ❑ Jordan (15A NCAC 02B .0267) (governmental and/or interjurisdictional projects) ❑ Randleman (15A NCAC 02B .0724) ❑ Goose Creek (15A NCAC 02B .0605-.0608) Stream E/I/P* Not Subject Subject Start@ Stop@ Soil Survey USGS Topo 2021-1546 v1 I X 2021-1546 v1 Start 2021-1546 v1 Finish X X *E/I/P = Ephemeral/Intermittent/Perennial The Division of Water Resources has determined that the streams listed in the table above and included on the attached map have been located on page 70 of the most recent published (1974) NRCS Soil Survey of Pitt County, North Carolina and/or the most recent copy of the USGS National Map (https://apps.nationalmap.gov/viewer) and evaluated for applicability to the Neuse Riparian Buffer Rules. Each feature that is checked "Not Subject" and highlighted on the attached maps in "red" has been determined to be either man-made in nature, ephemeral, or not present on the property. Features that are checked "Subject" and highlighted on the attached maps in "blue" have been located on the property and possess characteristics that qualify them to be at least natural intermittent streams. There may be other streams or features located on the property that do not appear on the maps referenced above but may be considered waters of the State and jurisdictional according to the US Army Corps of Engineers and subject to the Clean Water Act. 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) calendar days of date of this letter 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 £ D_E NORTH CAROLINA Department of Environmental puali� If sending via delivery service (UPS, FedEx, etc.): c/o Paul Wojoski DWR — 401 & Buffer Permitting Unit 512 N. Salisbury Street Raleigh, NC 27604 North Carolina Department of Environmental Quality I Division of Water Resources Washington Regional Office 1943 Washington Square Mall I Washington, North Carolina 27889 252.946.6481 This determination is final and binding as detailed above unless an appeal is requested within sixty (60) days. This determination only addresses the applicability to the buffer rules and does not approve any activity within the buffers or waters. The project may require a Section 404/401 Permit for the proposed activity. Any inquiries regarding applicability to the Clean Water Act should be directed to the US Army Corps of Engineers Washington Regulatory Field Office at (910)-251-4629. If you have questions regarding this determination, please feel free to contact Chris Pullinger at (252) 948-3918. Sincerely, RQk.t Tio+11-4444 Robert Tankard, Assistant Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ cc: Scott Stone, Environmental and Soil Services, LLC (via e-mail: esssoil@aol.com) Emily Thompson, USACE Washington Field Regulatory Office (via e-mail) Randall Jones, WaRO DEMLR (via e-mail) Jonas Hill, Pitt County Planning (via e-mail) Thomas Schrader, Pitt County Planning (via e-mail) WaRO DWR File Copy/LASERFICHE 0 1 �1546 1 Finish ` {s1-1 *Pe(fe ction Cleaning ervrce ,I. . - North Carolina Department of Environmental Quality I Division of Water Resources Washington Regional Office 1943 Washington Square Mall I Washington, North Carolina 27889 252.946.6481 NORTH CAROLINA Department M Environmental pualit NOFi{.� DE _ Department of Environmental peaiis. North Carolina Environmental Management Commission - Division al For euse Basin Butler Date ?Iovember 6 Reviewed bit_ DWR Project #2021-1456 vl North Carolina Department of Environmental Quality I Division of Water Resources Washington Regional Office 1943 Washington Square Mall I Washington, North Carolina 27889 252.946.6481