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HomeMy WebLinkAbout20230242 Ver 1_Signed_Muscadine - Stream Call_20230316ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director NORTH CAROLINA Environmental Quality March 16th, 2023 Project # 20230242 v.1 Wayne County Heath Hidlay Delivered Via Email: hhidlay@res.us Subject: On -Site Determination for Applicability to Neuse Riparian Buffer Rules (15A NCAC 02B .0714) Subject Property/Project Name: Muscadine Mitigation Project Address / Location: 35.236858,-78.104915 Responsible Party: Heath Hidlay, Environmental Banc & Exchange, LLC a Resource Environmental Solutions (RES) Entity Stream(s) Evaluated: 7 Determination Date: February 28, 2023 Staff: Allen Stewart Determination Type: Applicability to Neuse Riparian Buffer Rules (15A NCAC 02B .0714) Buffer: Stream: X - Neuse (15A NCAC 02B .0714) X— Ephemeral/ Intermittent/Perennial Determination 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) Feature E/I/P/D/NP* Not Subject Subject Start@ Stop@ Soil Survey USGS Topo NM1 I X 35.236984,-78.104284 UT to Thoroughfare Swamp X X NM2 I X 35.239473,-78.104169 UT to Throughfare Swamp X UT to Thoroughfare Swamp Tributary was not assessed during field visit X 35.244320,-78.109703 Northwest boundary X D1 D X 35.238451,-78.100448 Start of NM1 X D2 D X South Property Line Confluence of NM1 D3 D X 35.238471,-78.104464 Confluence of NM1 D4 D X 35.239917,-78.106106 Confluence of NM2 IDS D X 35.238549,-78.104458 Confluence of NM2 *Ephemeral / Intermittent/ Perennial / Ditch / Not Present Please note that all start points on subject features are at the ephemeral / intermittent changeover point. Remaining upstream reach of subject feature is considered ephemeral in nature as shown on the attached map and is not subject to the Neuse River Basin Riparian Buffer Regulations. 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 NOR1H cAROLJNa 919.707.9000 Mr. Hidlay, 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. If sending via US Postal Service: c/o Stephanie Goss DWR — 401 & Buffer Permitting Unit 1617 Mail Service Center Raleigh, NC 27699-1617 If sending via delivery service (UPS, FedEx, etc.): %Stephanie Goss 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 Raleigh Regulatory Field Office at (919)-554-4884 Ext. 22. If you have questions regarding this determination, please feel free to contact Allen Stewart at (252) 946-6481. Sincerely, 14" Tow.." Robert Tankard, Assistant Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ cc: WaRO DWR File Copy/LASERFICHE 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 Sherry Brock Garner and Elizabeth Brock Hood, Owners, ebhood@bent8design.com D � ��� 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 NOR1H CAROL Na 919.707.9000 D � ��� 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 NOR1H CARou Na 919.707.9000