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HomeMy WebLinkAbout20221599 Ver 1_6 Buffer Determination Letter 2022-July-26_20221109DocuSign Envelope ID: DDOEC07A-CFOO-4F46-9E63-7ED47D22431B
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
Smithfield Aycock Land LLC
Attn: Richard Aycock
PO Box 202
Garner, NC 27529
(via email: 4RNAiii@gmail.com)
NORTH CAROLINA
Environmental Quality
July 26, 2022
Subject: Buffer Determination Letter
NBRRO # 22-225
Johnston County
Determination Type:
Buffer
Intermittent/Perennial
® Neuse (15A NCAC 2B .0714)
❑ Tar -Pamlico (15A NCAC 2B .0734)
❑ Intermittent/Perennial Determination (where local
buffer ordinances apply)
❑ Jordan (15A NCAC 2B .0267) (governmental
and/or interjurisdictional projects)
Project Name: Smithfield Restaurant and Take Five Oil Change Site
Address/Location: 1309 N Brightleaf Boulevard, Smithfield, NC
Stream(s): Buffalo Creek
Determination Date: July 13, 2022
Staff: Cassidy Kurtz
Feature
VIM")
Not cz�
Subject
Start @
Stop @
Soil
USGS
Subject
Survey
To o
A
P
X
Present Throughout
X
DWR Flag Approx.
Confluence with
B
I
X
35.520922,
Feature A
-78.308400
(1) E = Ephemeral, I = Intermittent, P = Perennial, NP = Not Present, N/A=Not Applicable
(2) Refers to State riparian buffer rules only. Stream, wetland, or pond impacts are still subject to applicable water
quality standards and permitting requirements.
Explanation: The stream(s)/pond(s) listed above has been located on the most recent published NRCS Soil Survey
of Johnston County, North Carolina and/or the most recent copy of the USGS Topographic map at a 1: 24,000 scale.
Each feature that is checked "Not Subject" has been determined to not be an intermittent stream, perennial stream, a
pond connected to a stream feature, or the feature is determined not to be present. Stream features that are checked
"Subject" have been located on the property and possess characteristics that qualify them to be subject to the buffer
rules. There may be other streams located on the property that are not depicted on the maps referenced above and
are therefore not subject to the buffer rules. However, if the stream features are present on the tract they are subject
DocuSign Envelope ID: DDOEC07A-CF00-4F46-9E63-7ED47D22431B
Smithfield Restaurant and Take Five Oil Change Site
Johnston County
July 26, 2022
Page 2 of 2
to all other applicable North Carolina stream standards and permitting requirements as outlined in 15A NCAC 0213,
and may be considered jurisdictional according to the US Army Corps of Engineers.
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) days of date 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, an appeal is requested within sixty (60)
days.
This project may require a Section 404/401 Permit for the proposed activity. Any inquiries should be
directed to 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 Cassidy Kurtz at (919) 791-4237.
Sincerely,
DocuSigned by:
Scoff Vivusbw
BCDA9D825D4A46D...
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
cc: RRO DWR File Copy
Laserfiche
Michelle Measday (mmeasdaykecslimited.com)
D_EQ
NUJ R'fH GR'�ti. iN
�eparlment of fnvlmnmenSal pualNy
North Carolina Department of Environmental Quality I Division of Water Resources I Raleigh Regional Office
3800 Barrett Drivel 1628 Mail Service Center I Raleigh, North Carolina 27699-1628
919.791.4200
DocuSign Envelope ID: DDOEC07A-CF00-4F46-9E63-7ED47D22431 B
22-225
Smithfield Restaurant and Take Five Oil Change Site
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