20221555 Ver 1_Buffer and/or Stream Determination_20230124

DocuSign Envelope ID: 8F84E919-5CAC-4316-96D1-16E839CC1631
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
Raymand J. Holz
Restoration Systems
[e-mail]
Subject:
Project Name:
Address:
Location:
Dear Mr. Holz:
NORTH CAROLINA
Environmental Quality
January 24, 2023
Project 20221555 Version 1
Johnston County
Determination for Applicability to the Neuse Buffer Rules 15A NCAC 02B .0714
M & B Lee, LLC Property (Peach Orchard)
Peach Orchard Road, Four Oaks, NC 27524
Lat., Long: 35.385434, -78.347428
On November 8, 2022, Shelton Sullivan of the Division of Water Resources (DWR) conducted an on -site
review of feature(s) located on the M & B Lee, LLC Property (Peach Orchard) at the request of
Restoration Systems to determine the presence of streams and the applicability of features on the site
to the Neuse River Riparian Area Protection Rules, Title 15A North Carolina Administrative Code
02B .0714.
The enclosed map(s) depict the feature(s) evaluated and this information is also summarized in the table
below. Streams were evaluated for being ephemeral, at least intermittent, and for subjectivity to the
Neuse River Riparian Area Protection Rules. Streams that are considered "Subject" have been located
on the most recently published NRCS Soil Survey of Johnston County and/or the most recent copy of the
USGS Topographic (at 1:24,000 scale) map(s), have been located on the ground at the site, and possess
characteristics that qualify them to be at least intermittent streams. Features that are considered "Not
Subject" have been determined to not be at least intermittent, not present on the property, or not
depicted on the required maps.
This determination only addresses the applicability to the buffer rules within the proposed
easement and does not approve any activity within buffers or within waters of the state. There
may be other streams or features located on the property that appear or do not appear on the
maps referenced above. Any of the features on the site may be considered jurisdictional
according to the US Army Corps of Engineers and subject to the Clean Water Act.
The following table addresses the features observed and rated during the DWR site visit.
£ D_E
NORTH CAROLINA
Department of Environmental Quality
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000

DocuSign Envelope ID: 8F84E919-5CAC-4316-96D1-16E839CC1631
Page 2 of 2
Peach Orchard Rd.
DWR 20221555 V.1
Feature ID
Feature Type:
stream (ephemeral,
intermittent
perennial), ditch,
swale, wetland,
other
Subject
to Buffer
Rules
Start @
Stop @
Depicted on
Soil Survey
Depicted on
USGS Topo
Feature 1A
Ditch Feature
Not
Subject
Just north of
Peach Orchard
Rd.
Ditch Stream
Transition at
Head Cut
No
No
Feature 1B
Modified Stream, at
least Intermittent
Not
Subject
Ditch/Stream
Transition at
Head Cut
Lat/Long:
35.389119,
-78.349218
Continues
downstream
No
No
* E: Ephemeral, I: Intermittent, P: Perennial
This on -site determination shall expire five (5) years from the date of this letter. Landowners or
affected parties that dispute this determination made by the DWR may request an appeal
determination by the Director of Water Resources. An appeal request must be made within sixty
(60) calendar days of the date of this letter to the Director in writing.
If sending via U.S. Postal Service:
Division of Water Resources
401 & Buffer Permitting Branch Supervisor
1617 Mail Service Center
Raleigh, NC 27699-1617
If sending via delivery service (UPS, FedEx, etc.)
Division of Water Resources
401 & Buffer Permitting Branch Supervisor
512 N Salisbury St.
Raleigh, NC 27604
This determination is final and binding as detailed above unless an appeal is requested within sixty
(60) calendar days of the date of this letter.
If you have any additional questions or require additional information, please contact Shelton Sullivan
at [e-mail] or 919-707-3636. This determination is subject to review as provided
in G.S. 150B.
Sincerely,
DocuSigned by:
A43C72700BD543E...
Katie Merritt, Acting Supervisor
401 & Buffer Permitting Branch
Attachments: Site Map with labels, NRCS Soil Survey, USGS Topographical Map
cc: M & B Lee, LLC, PO Box 148, Smithfield, NC 27577
401 & Buffer Permitting Branch, Laserfiche File 2022155 V1
DWR Raleigh Regional Office, via email
Filename: 20221555 V1_Peach_Stream Det_Johnston_Co

DocuSign Envelope ID: 8F84E919-5CAC-4316-96D1-16E839CC1631
DWR 11/8/2022 Stream Determination. Shelton Sullivan
1B Approximate Start Int. Stream
Not Subject to Neuse Buffer Rules
Lat/Long: 35.389119, -78.349218
Feature 1A Ditch
Peach Orchard Rd

DocuSign Envelope ID: 8F84E919-5CAC-4316-96D1-16E839CC1631
DWR 11/8/2022 Stream Determination (Zoomed in). Shelton Sullivan
1B Approximate Start Intermittent Stream at
Headcut. Not Subject to Neuse Buffer Rules
Lat/Long: 35.389119, -78.349218
Feature 1A Ditch

DocuSign Envelope ID: 8F84E919-5CAC-4316-96D1-16E839CC1631
NRCS Johnston County Map, Not Shown
DWR Shelton Sullivan 11/8/2022
USGS Map, Not Shown