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HomeMy WebLinkAbout20220452 Ver 1_Buffer and/or Stream Determination_20220613ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director Patricia Smith Hinnant Falling Creek Church Road Grantham, NC 27530 NORTH CAROLINA Environmental Quality June 13th, 2022 Subject: On -Site Determination for Applicability to Neuse Riparian Buffer Rules (15A NCAC 02B .0714) Subject Property/Project Name: Pantera Mitigation Site Address / Location: 35.325395, -78.152083 Responsible Party: Environmental Banc & Exchange (EBX), LLC a Resource Environmental Solutions (RES) entity Stream(s) Evaluated: (8) — PH 1-7, D1 Determination Date: June 1st, 2022 Staff: Allen Stewart Project # 20220452 V.1 Wayne 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) X — Ephemeral/ Intermittent/Perennial Determination Feature E/I/P/D/NP* Not Subject Subject Start@ Stop@ Soil Survey USGS Topo PH1 1 X Falling Creek Church Rd. North property line X X PH2 1 X Falling Creek Church Rd. Confluence of PH1 X PH3 1 X Falling Creek Church Rd. North property line X PH4 1 X 35.320283, -78.162367 Confluence of PH1 X PH5 1 X 35.322240, -78.161922 Confluence of PH1 X PH6 1 X 35.328400, -78.160067 North property line X PH6 E X 35.326761, -78.162162 35.328400, -78.160067 X PH7 I** X Falling Creek Church Rd. Confluence of PH3 D1 D X 35.322124, -78.158383 Confluence of PH4 X *Ephemeral / Intermittent / Perennial / Ditch / Not Present ** Note PH7 is an unmapped feature acting as an intermittent stream. Therefore, PH7 is not subject to the Neuse River Basin Riparian Buffer Regulations. GDE NORTH C OLI .JA ' omm m�� ep..of o�.i 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 Ms. Patricia Smith Hinnant, 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 (1974) NRCS Soil Survey of Wayne 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 (1974) NRCS Soil Survey of Wayne 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. 1f 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 at 2407 W 5th St, Washington, NC 27889, (252) 975- 1616. If you have questions regarding this determination, please feel free to contact Allen Stewart at (252) 946-6481. Sincerely, gdoe44 T Robert Tankard, Assistant Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ cc: WaRO DWR File Copy/LASERFICHE Randal Jones, NCDEQ Land Resources, randall.jones@ncdenr.gov Emily Thompson, US Army Corps of Engineers Washington Regulatory Field Office, emily.b.thompson@usace.army.mil Katie Merritt, NCDEQ Nutrient Offset & Buffer Banking Coordinator, katie.merritt@ncdenr.gov Jamey Mceachran, Resource Environmental Solutions, imceachran@res.us 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 APH6"35.328400,-78.160067 1 q 4PH6 Origin 35.326761, -78162162 PH5 4PH5 35.322240 78,16.1922 4D1 35.322124, 78:,158383' PH2 D E NORTH CAROLINA ��` o60.mmsm 01 Forlronmented Quality Pantera Mitigation Project #20220452v.1 Blue lines indicate mapped streams shown on the most recent published NRCS Soil Survey {1474) of Wayne County NC and or the USCS National Map online at https://aps.nationalmap.gov/viewer, Blue line mapped streams have been determined to be at least intermittent in nature on the DWR Stream Identification Form Version 4.11. Blue line mapped streams are thereforesubject to the Neuse River Basin Riparian Buffer Regulations (15 NCAC 02B .0734 ) Red lines indicate unmapped features and/or mapped features determined to be ephemeral in nature on the DWR Stream Identification farm. Red lines may also indicate man made features such as ditches none of which are subject to the Neuse River Riparian Buffer Regulations. E 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