20231142 Ver 1_Monkey Wrech Stream Determination Letter_20231030

North Carolina Department of Environmental Quality Division of Water Resources
512 North Salisbury Street 1617 Mail Service Center Raleigh, North Carolina 27699-1617
919.707.9000

October 30, 2023

Project 20231142 Version 1
Orange County

Kaitlyn Hogarth, Project Manager
Wildlands Engineering, Inc
[e-mail]

Subject: Determination for Applicability to the Neuse Buffer Rules 15A NCAC 02B .0714
Project Name: Monkey Wrench Mitigation Bank
Address: Walnut Grove Church Rd, Hurdle Mills, NC
Location: Lat., Long: 36.218398, -79.081006

Dear Kaitlyn Hogarth:

On September 29, 2023, Blake Hartshorn of the Division of Water Resources (DWR) conducted
an on-site review of feature(s) located on the Monkey Wrench Mitigation Bank Site at the
request of Wildlands 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. Shelton Sullivan and Samantha Wooten with DWR, and Kaitlyn
Hogarth with Wildlands were present for the site visit.

The Division of Water Resources has determined that the features listed as “subject” in the
table below and identified on the attached maps are shown on either the most recently
published County NRCS Soil Survey of and/or the USGS National Map at a scale that
incorporates the National Hydrography Dataset High Resolution data at 1:24,000 scale. In
addition, the features listed as “subject” on the below table have been located on the ground at
the site and possess characteristics that qualify them to be at least intermittent streams in
accordance with the NC Stream Identification Manual v.4.11 and therefore subject to the Nuese
Buffer Rules. Please be aware that features identified as “not subject” may be considered
jurisdictional according to the US Army Corps of Engineers and subject to the Clean
Water Act.

The enclosed map(s) depict the feature(s) evaluated and this information is also summarized
in the table below.

Feature ID Feature Type*
Subject
to Buffer
Rules
Start @ Stop @ Depicted on
Soil Survey
Depicted on
USGS Topo
Rocky Creek Stream at least
Intermittent Yes 36.218377,
-79.088846
Confluence
with North
Fork Little
River
Yes Yes
E1 Ephemeral No 36.218657,
-79.087248
Confluence
with Rocky
Creek
No No
DocuSign Envelope ID: 9EB4AA9D-893A-40A1-B7A4-D8EAF3EEE56B
Page 2 of 3
Monkey Wrench Mitigation Bank
DWR 20231142 V1

Feature ID Feature Type*
Subject
to Buffer
Rules
Start @ Stop @ Depicted on
Soil Survey
Depicted on
USGS Topo
Lathem
Branch
Stream at least
Intermittent Yes Southern
boundary
Confluence
with Rocky
Creek
Yes Yes
Kitty Branch Stream at least
Intermittent No 36.218026,
-79.083692
Confluence
with Rocky
Creek
No No
Spike Branch Stream at least
intermittent No 36.219192,
-79.083016
Confluence
with Kitty
Branch
No No
E2 Ephemeral No 36.219100,
-79.082908
Spike Branch
Start No No
T1 Stream at least
intermittent No 36.222616,
-79.084010
Confluence
with North
Fork Little
River
No No
North Fork
Little River
Stream at least
intermittent Yes Northwestern
boundary
North Eastern
Boundary Yes Yes
* Stream (ephemeral, intermittent, perennial), Ditch, Swale, Wetland, Other

This on-site determination shall expire five (5) years from the date of this letter. The
owner (or future owners) should notify the Division (and other relevant agencies) of this
decision in any future correspondence concerning this property. Landowners or affected
parties that dispute this determination made by the Division may request a determination by
the Director of Water Resources. This determination is final and binding unless an appeal
request is made within sixty (60) calendar days of the date of this letter to the Director
in writing.

If sending via U.S. Postal Service:

Stephanie Goss - 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.)

Stephanie Goss - Division of Water Resources
401 & Buffer Permitting Branch Supervisor
512 N Salisbury St.
Raleigh, NC 27604

This letter only addresses the applicability of the stated regulations on the features
identified on the subject property and/or within the proposed project area. This letter
does not approve any activity within buffers or within waters of the state. There may be
other regulated waters, streams or other features located on the property that do not appear
on the maps or table referenced above. Any waters, streams, or other features on the site,
including the features identified in this letter, may be considered jurisdictional according to
the US Army Corps of Engineers and subject to the Clean Water Act.

If you have any additional questions or require additional information, please contact Shelton
Sullivan at [e-mail] or 919-707-3684. This determination is subject to
review as provided in G.S. 150B.

DocuSign Envelope ID: 9EB4AA9D-893A-40A1-B7A4-D8EAF3EEE56B
Page 3 of 3
Monkey Wrench Mitigation Bank
DWR 20231142 V1

Sincerely,

Stephanie Goss, Supervisor
401 & Buffer Permitting Branch

Attachments: Site Map with labels, NRCS Soil Survey, USGS Topographical Map

Electronic cc: 401 & Buffer Permitting Branch, Laserfiche File 20231142 V1
DWR Washington Regional Office, via email
Landowner: Lathan F. Hawkins and Katherine R Hawkins.
Landowner: Robert Edward Hengsterman and Staci Hawkins Hengsterman.

DocuSign Envelope ID: 9EB4AA9D-893A-40A1-B7A4-D8EAF3EEE56B
Rocky Creek
La
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B
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Kit
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B
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a
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c
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S
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B
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Roc
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C
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North Fork Little River
E1
T
1
36.218377 N
-79.088846 W
36.219100 N
-79.082908 W
36.219192 N
-79.083016 W
36.222616 N
-79.084010 W
36.218026 N
-79.083692 W
36.218657 N
-79.087248 W
Project Location
Proposed Conservation Easement
Internal Crossing
Perennial Project Stream
Intermittent Project Stream
Ephemeral Project Channel
Non-Project Stream
Topographic Contour 2'
0 175 350 Feet ¹Figure 1. Site Map
Monkey Wrench Mitigation Site
Neuse 03020201
Orange County
2019 Aerial Photography
T1 Start
Spike Branch Start
E2 Start
Kitty Branch Start
E1 Start
Rocky Creek Start
DocuSign Envelope ID: 9EB4AA9D-893A-40A1-B7A4-D8EAF3EEE56B

Rocky Branch
Lathan Branch
North Fork Little River
NRCS Orange County Soil Survey: E1, Kitty
Branch, Spike Branch, E2, and T1 are not
depicted
DocuSign Envelope ID: 9EB4AA9D-893A-40A1-B7A4-D8EAF3EEE56B

North Fork Little River
Rocky Branch
Lathan Branch
USGS National Map: E1, Kitty Branch, Spike
Branch, E2, and T1 are not depicted.

DocuSign Envelope ID: 9EB4AA9D-893A-40A1-B7A4-D8EAF3EEE56B