20221268 Ver 1_Buffer and/or Stream Determination_20230202

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
Robert H. Davis & Melba Hargett
P O Box 3702
New Bern, NC 28564
NORTH CAROLINA
Environmental Quality
February 2nd, 2023
Project # 20221268 v.1
Craven County
Subject: On -Site Determination for Applicability Neuse Riparian Buffer Rules (15A NCAC 02B.0714)
Subject Property/Project Name: River Bend
Address / Location: 35.078454,-77.165881
Responsible Party: Ellis Development Group (Matt Hook / Stephen Edward Ellis)
Feature(s) Evaluated (5): Features 1 - 5
Determination Date: November 22nd, 2022
Staff: Allen Stewart
Determination Type: Applicability to Neuse Riparian Buffer Rules (15A NCAC 02B .0714)
Buffer:
Feature:
X - Neuse (15A NCAC 02B .0714)
X — Ephemeral/ Intermittent/Perennial /Ditch/
- Tar -Pamlico (15A NCAC 02B .0734)
Not Present - Determination
- 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)
NORTH CAROLINAD_ E Q��
nananmam& enmmnma a1 anar�
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611
919.707.9000

Feature
E/I/P/D
Not
Subject
Start@
Stop@
Soil
USGS
/NP/U*
Subject
Survey
Topo
Feature 1
I
X
Northwest
Eastern
X
X
Property Line
Property Line /
Storm Water
Pond
Feature 2
NP
X
—35.076342,
Feature 1
X
-77.159098
Feature 3
NP
X
—35.075641,
Feature 1
X
-77.157528
Feature 4
NP
X
—35.074569,
East property
X
-77.154685
Line
Feature 5
E
X
Old
Eastern
X
Pollocksville
Property Line /
Road
Storm Water
Pond
*Ephemeral / Intermittent / Perennial / Ditch / Not Present / Unmapped
Robert H. Davis & Melba Hargett,
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 (1989) NRCS Soil Survey
of Craven County, North Carolina and/or the web based Digital USGS National Topographic Map
https://apps.nationaImap.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, ditch or not
represented on the most recent published (1989) NRCS Soil Survey of Craven 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.
If sending via US Postol Service:
c/o Acting Supervisor
DWR — 401 & Buffer Permitting Unit
1617 Moil Service Center
Raleigh, NC 27699-1617
If sending via delivery service (UPS, FedEx, etc.):
clo Acting Supervisor
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.
D E Q�JI North Carolina Department of Environmental Quality I Division of Water Resources
!/ 512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611
NORrHCARouNA 919.707.9000
Depanlmenf of Environmental Duali\

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, [phone].
If you have questions regarding this determination, please feel free to contact Allen Stewart at (252)
946-6481.
Sincerely,
Robert Tankard, Assistant Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ
cc: WaRO DWR File Copy/LASERFICHE
Emily Thompson, USACE Washington Regulatory Field Office
[e-mail]
Randal Jones, NCDEQ Land Resources, [e-mail]
Ryan Elliot, Sage Ecological Services Inc, [e-mail]
D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611
NORTH CAROLINA 919.707.9000
Depanmem of Enrlmnmenml Dual

D E Q�� North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611
NORTH CAROLINA 919.707.9000
Depa"mem of Enrlmnmenml Dual