20220413 Ver 1_06_NCDWRDetermiation_20-385_20220314

January 28, 2021

Craig M. Davis
Davis Park Leasing, LLC
940 NW Cary Parkway
Cary, NC 27513

Subject: Surface Water Determination Letter
NBRRO#20-385
Johnston County

Determination Type:
Buffer Call Isolated or EIP Call

Neuse (15A NCAC 2B .0233)
Ephemeral/Intermittent/Perennial Determination
Tar-Pamlico (15A NCAC 2B .0259)
Isolated Wetland Determination
Jordan (15A NCAC 2B .0267)

Project Name: Penny Farms Master Planning/Land Planning & Rezoning Project

Location/Directions: The projected area is 68.7-acres of property located within the
northeastern quadrant of the intersection of NC 42 and US Highway 70 in
Clayton, Johnston County

Subject Stream: UTs to Swift Creek

Determination Date: 1/21/2021 Staff: Cheng Zhang

Stream E/I/PNot Subject Subject to Start@ Stop@ Soil USGS
* to Buffers Buffers Survey Topo
S1 I X End of culvert DWR flag X
Pond 1 X X
S1 P Culvert at dam of X
Pond 1
S2 P X X X
S3 I X X
Pond 2 X X
*E/I/P = Ephemeral/Intermittent/Perennial
Explanation: The feature(s) listed above has or have been located on the Soil Survey of Johnston County, North Carolina or
determine
the property and possess characteristics that qualify it to be a stream. 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 to the Division of Water Resources (DWR).
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 or Delegated Local Authority may request a determination by the
Director. An appeal request must be made within sixty (60) days of 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 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, you ask for a hearing or appeal within sixty (60)
days.
The owner/future owners should notify the Division of Water Resources (including any other 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 Division of Water Resources (Central Office) at (919)-807-6300, and the US Army Corp of Engineers
(Raleigh Regulatory Field Office) at (919)-554-4884.
If you have questions regarding this determination, please feel free to contact Cheng Zhang at [phone].
Sincerely,

Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources

cc: RRO DWR File Copy

RRO# 20-385 Penny Farms Master
Planning/Land Planning & Rezoning Project
CZ 1-15-2021
ON ESTATE RD
Legend
Project Study Area
Pond 2: not subject
Pond 1: subject
S2: subject
Subject to Neuse River Basin
Riparian Buffer Rules
400
800
Feet
Kimley>>>Horn
Figure 2: USGS Topographic Map
Penny Farms Master Planning/Land Planning Project
Clayton, Johnston County, NC
November 2020

���� e a ter
RRO# 20-385 Penny Farms Master aromwo
..+�
Planning/Land Planning & Rezoning Project
CZ 1-15-2021
P2 and Si Below ..in Riparian
to Neuse River Basin i
Buffer Rules
■ter .��" '� �'<�.
S3 Subject tc
Riparia
S3: subject
Legend
Project Study Area
Kimley>>> Horn
S1: subject
S2: subject
S2 Subject to Neuse River Basir
Riparian Buffer Rules
400 800
Figure 4: NRCS Soil Survey Map
Penny Farms Master Planning/Land Planning Project
Clayton, Johnston County, NC
November 202C