20210290 Ver 1_Appeal Decision_20210715

DocuSign Envelope ID: 53B8BAB8-EC92-4D7E-9075-5029DEA305CB
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
S. DANIEL SMITH
Director
Wyatt Brown, LSS, CPESC
Brown's Environmental Group, Inc.
brownenvgrp(@gmail.com
NORTH CAROLINA
Environmental Quality
July 15, 2021
DWR Project # 20210290
Johnston County
Subject: On -Site Appeal Determination for Applicability to the Neuse River Riparian Buffer Rules Title
15A North Carolina Administrative Code (NCAC) 0 2 B .0714
Location: River Ridge Subdivision, Parcel PIN 265500-12-8289, Princeton-Kenly Rd., Kenly, Johnston
County, NC, Lat / Long: 35.539609,-78.152932
Dear Sir:
On February 10, 2021, the Division of Water Resources (DWR) received a request from you, to appeal an
on -site determination made by Johnston County Utilities Department as provided in Title 15A NCAC
0213.0714 (4) of the Neuse River Riparian Buffer Rules. Specifically, the start point of Feature S2 was the
subject of the appeal.
On January 6, 2021, and May 20, 2021, Shelton Sullivan of DWR, conducted site visits to review Feature
S2. The January 6, 2021 visit was during the time of record rainfall; therefore, a later visit was planned.
During both site visits, DWR was accompanied by Wyatt Brown of Brown's Environmental, Charles
Pender of Johnston County, and representatives of J&N Developers, LLC. The US Army Corps of Engineers
also attended the January 6, 2021 site visit. DWR reviewed Feature S2 north of Falling Brook Drive,
adjacent to Lot 50, on the property to the north, and the area south of Falling Brook Drive. DWR used
available maps, site conditions, project history, file review, and the DWR Surface Water Identification
Method to evaluate Feature S2 for applicability to the Neuse River Riparian Buffer Rules 15A NCAC
0213.0714.
According to Title 15A NCAC O2B .0714 and based on the review, DWR has determined that "S2 North"
rates as an ephemeral channel north of Falling Brook Drive and not subject to the Neuse River Riparian
Buffer Rules. The ephemeral channel has been diverted to the roadside ditch on the north side of the road
from construction. DWR observed that "S2 South" is not a continuous channel and rates as ephemeral
South of Falling Brook Drive and near the confluence with Feature S2. DWR agrees that Feature S2 is
subject south of Falling Brook Drive as indicated on the plans included with the US Army Corps of
D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
NORTH CAROLINA -
Oepat4nent at Environmental Duality 919.707.9000

DocuSign Envelope ID: 53B8BAB8-EC92-4D7E-9075-5029DEA305CB
DWR # 20210290 Stream Appeal
Johnston County
Page 2 of 5
Engineers permit. Feature S2 starts south of the road and flows toward the northwest, toward the Little
River.
Subject to
Feature ID
Feature
*E/I/P/ Other
Buffer
Start @
Stop @
Depicted on
Depicted on
Type
Soil Survey
USGS Topo
Rules
This channel has
S2 North
been diverted to flow
north of Falling
Stream
Ephemeral
No
Property boundary
Yes
No
along the ditch of the
Brook Drive
road.
S2 South
south of Falling
Stream
Ephemeral
No
Near confluence
Confluence with
Yes
No
with Feature S2
Feature S2
Brook Drive
S2 Start as indicated
At least
on the plans,
Continues northwest
Feature S2
Stream
Intermittent
Yes
upstream of
to the Little River
Yes
No
crossing 2
This determination is only for Feature S2 and replaces the determination originally performed by
the Johnston County as documented in their attached letter dated February 8, 2018. This
determination shall expire five years from the date of this letter.
This Determination can be contested as provided in Chapter 150B of the North Carolina General Statutes
by filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative
Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set forth in
Chapter 150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative
Code. Additional information regarding requirements for filing a Petition and Petition forms may be
accessed at httl2://www.ncoah.com/ or by calling the OAH Clerk's Office at [phone].
One (1) copy of the Petition must also be served to the North Carolina Department of Environmental
Quality:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
This letter only addresses the applicability to the buffer rules on the subject property and does not
approve any activity within any riparian buffers. Nor does this letter approve any activity within waters
of the of the State or waters of the United States, which include wetlands. Please note that this buffered
feature may have additional requirements as per Johnston County's ordinance. Any activities along these
features may require 404/401 permits and certifications. Any inquiries regarding applicability to Section
404 of the Clean Water Act should be directed to the US Army Corps of Engineers Raleigh Regulatory Field
Office at (919)-554-4884. If you have any additional questions or require additional information, please
call Shelton Sullivan with DWR at [phone] or email at shelton.sullivan(@ncdenr.gov.

DocuSign Envelope ID: 53B8BAB8-EC92-4D7E-9075-5029DEA305CB
DWR # 20210290 Stream Appeal
Johnston County
Page 3 of 5
Sincerely,
DocuSig�n�e/d by:
949D91BA53EF4E0...
Paul Wojoski, Supervisor
401 & Buffer Permitting Branch
Attachments: Photographs; NRCS Soil Survey; USGS Topo; DWR Stream ID Forms; Copy of Letter from
Johnston County
cc: 401 & Buffer Permitting Branch Laserfiche File
Johnston County Public Utilities via email
Filename: 20210290_River Ridge_JohnstonCo_StreamAppeal_Ltr

DocuSign Envelope ID: 53B8BAB8-EC92-4D7E-9075-5029DEA305CB DWR # 20210290 Stream Appeal
Johnston County
Page 4 of 5

DocuSign Envelope ID: 53B8BAB8-EC92-4D7E-9075-5029DEA305CB DWR # 20210290 Stream Appeal
Johnston County
Page 5 of 5
S2 South just before confluence with S2
From Falling Brook Dr. looking upslope

DocuSign Envelope ID: 53B8BAB8-EC92-4D7E-9075-5029DEA305CB
River Ridge Stream Appeal. DWR Stream Calls for S2 on Site Map 5-20-21.
LINE TABLE
LINE
LENGTH
BEARING
L1
60.36
S14°26WE
L2
50.02
S05'02D7'W
L3
03.60
S22"5237W
L4
21.70
N05"13'42"E
L5
86.01
N34°95'53W
L6
89.55
N 13"91'33W
L7
26.09
S71"39D3'W
L8
80.28
N36°37'10'W
L9
25.17
N70"29'15'W
L10
29.01
N27oO3'10"W
111
13.57
N62°18'27W

DocuSign Envelope ID: 53B8BAB8-EC92-4D7E-9075-5029DEA305CB
Johnston County Soils Map. DWR 5-20-21, S2 North, S2 South, S2 Start

DocuSign Envelope ID: 53B8BAB8-EC92-4D7E-9075-5029DEA305CB
USGS Map. No features shown.

DocuSign Envelope ID: 53B8BAB8-EC92-4D7E-9075-5029DEA305CB
Stream Form S2 North
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DocuSign Envelope ID: 53B8BAB8-EC92-4D7E-9075-5029DEA305CB
Stream Form S2 South
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DocuSign Envelope ID: 53B8BAB8-EC92-4D7E-9075-5029DEA305CB
6""M4411 V""J
DEPARTMENT OF PUBLIC UTILITIES
POST OFFICE BOX 2263
SMITHFIELD, N.C. 27577
[phone]
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
ot
Ne
Subject
ct
Subject
Start @
Stop
p �a
Soil
Survey
(Dec.
(Dec.
(gip)*
Topo
Degrees)
Degrees)
S 1
I
❑
®
Throughout
®
❑
S2
I
❑
®
Throughout
®
❑
❑
❑
❑
❑
*E/UP = 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.
Printed on recycled paper ba

DocuSign Envelope ID: 53B8BAB8-EC92-4D7E-9075-5029DEA305CB
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 earl os.bagleyL�johnstonnc.corn.
Sincerely,
Carlos Bagley, PE
Environmental Manager