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