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HomeMy WebLinkAbout20220540 Ver 1_Buffer and/or Stream Determination_20220428ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director V Parker Overton POBO, LLC 401 W 1"t Street Greenville, NC 27834 NORTH CAROLINA Environmental Quality April 28, 2022 Subject: On -Site Determination for Applicability to Neuse Riparian Buffer Rules (15A NCAC 02B .0714) Subject Property/Project Name: Bayswater Site Address / Location: 35.55188, -77.37025 Responsible Party: Kotarides Developers Stream(s) Evaluated: (2) — UT to Fork Swamp and T1/T2 Determination Date: April 26, 2022 Staff: Will Hart Project # 20220540 ver. 1 Pitt County Determination Type: Applicability to Neuse Riparian Buffer Rules (15A NCAC 02B .0714) Buffer: Stream: X - Neuse (15A NCAC 02B .0714) - 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) — Ephemeral/ Intermittent/Perennial Determination Stream E/I/P/D/W* Not Subject Subject Start@ Stop@ Soil Survey USGS Topo UT Not present X Property Line Property Line X Not present T1/T2 Not mapped X Origin Property Line Not present Not present *Ephemeral / Intermittent / Perennial / Ditch / Wetland Mr. Overton, The Division of Water Resources has determined that the streams listed as "subject" above and included on the attached map have been located on the most recent published NRCS Soil Survey of Pitt County, North Carolina and/or the web based Digital USGS National Topographic Map https://apps.nationalmap.gov/viewer/ and evaluated for applicability to the Neuse River Basin Riparian Buffer Rules (15A NCAC 02B .0714). For each stream that is checked "Not Subject" it has been determined to not be at least intermittent, not present on the property, a wetland area or not represented on the most recent published NRCS Soil Survey of Pitt County, North Carolina and/or the Digital USGS National Topographic Map at a scale of 1:24,000 or less. There may be other streams or features located on the property that were not assessed and/or that do not appear on the maps referenced above but may be considered 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. GDEQ�i NORTH C OLI JA oep.m.m orEMr,rn nt Qualm North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11611 Mail Service Center I Raleigh, North Carolina 27699-1611 919.707.9000 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.): c/o Paul Wojoski DWR — 401 & Buffer Permitting Unit 512 N. Salisbury Street Raleigh, NC 27604 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. If you have questions regarding this determination, please feel free to contact Will Hart at (252) 946-6481. Sincerely, Roie4 TA44cmol Robert Tankard, Assistant Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ cc: WaRO DWR File Copy/LASERFICHE Rhiannon Graham, Terracon (rhiannon.graham@terracon.com) Emily Thompson, US Army Corps of Engineers Washington Regulatory Field Office, emily.b.thompson@usace.army.mil D_E NORTH CAROLINA gaparhneM of Environment,/quay North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11611 Mail Service Center I Raleigh, North Carolina 27699-1611 919.707.9000 DE NORTH CAROLINA gaparhneM of Environment,/quay North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 11611 Mail Service Center I Raleigh, North Carolina 27699-1611 919.707.9000 -1:1E NORTH CAROLINA nolierimont of Environment,/ Quality not present Ly.-ii North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street I 1611 Mail Service Center I Raleigh, North Carolina 27699-1611 919.707.9000