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Home My WebLink About20231189 Ver 2 Appeal Request_Speedman4 WATER & LAND SOLUTIONS November 15, 2023 Stephanie Goss- Division of Water Resources 401 & Buffer Permitting Branch Supervisor 1617 Mail Service Center Raleigh, NC 27699-1617 RE: Speedman Stream Determination Appeal Ms. Goss, Water & Land Solutions (WLS) would like to formally appeal the stream determination made on October 17, 2023, at the Speedman Mitigation Bank Site. The site is located on Thunder Swamp Road, Dudley, NC 28333. The DWR project number is 20231189 v.1. WLS would like to appeal the stream determination location on features S101 and S102. Attached is the DWR determination letter dated Oct 17t", 2023, as well as a figure showing the stream feature locations we would like to appeal. Sincerely, Catherine M. Roland Project Manager catherine@waterlandsolutions.com (571) 643-3165 WATER & LAND SOLUTIONS, LLC (919) 614-5111 • INFO@WATERLANDSOLUTIONS.COM 7721 SIX FORKS ROAD, SUITE 130 • RALEIGH, NC 27615 WATERLANDS0LUTIONS.00M Q Parcel Boundary Q Proposed Conservation Easement op Existing Stream � Existing Ditch 4- 0 200 400 1 inch = 400 feet 800 mF \ � Feet ^\1 N Figure Speedman Mitigation Bank Existing Aquatic WATER & LAND HUC8 Neuse 01 - 03020201 Wayne County, North Carolina Resources Map 8 SOLUTIONS Map Projection: NAD_1983_StatePlane_North_Carolina_FIPS_3200_Feet Date: 9/22/2023 Imagery data source: EDR DocuSign Envelope ID: FD9C8C9D-4DOD-44E7-8AB8-BACF1C829BD6 ROY COOPER Governor ELIZABETH S. BISER Secretary RICHARD E. ROGERS, JR. Director NORTH CAROLINA Environmental Quality October 17, 2023 Project 20231189 Version 1 Wayne County Catherine M. Roland, Project Manager Water & Land Solutions catherine@waterlandsolutions.com Subject: Determination for Applicability to the Neuse Buffer Rules 15A NCAC 02B .0714 Project Name: Speedman Mitigation Bank Address: Thunder Swamp Rd., Dudley, NC 28333 Location: Lat., Long: 35.250960,-78.092484 Dear Ms. Roland: On September 14, 2023, Shelton Sullivan of the Division of Water Resources (DWR) conducted an on -site review of feature(s) located on the Speedman Mitigation Bank Site at the request of Water & Land Solutions 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. Blake Hartshorn with DWR, Daniel Ingram and Kyle Obermiller with Water & Land Solutions 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. Subject Depicted on Depicted on Feature ID Feature Type* to Buffer Start @ Stop @ Soil Survey USGS Topo Rules Modified stream - at S100 Start Continues S100 least Intermittent Yes -35.251433, downstream Yes Yes -78.092255 S101 Modified stream - at Yes S101 Start Confluence Yes No least Intermittent with S100 NORTHCAROLINAD_E Q�� oepaNmem of Environmental Uual\ North Carolina Department of Environmental Quality I Division of Water Resources 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 919.707.9000 DocuSign Envelope ID: FD9C8C9D-4DOD-44E7-8AB8-BACF1C829BD6 Page 2 of 2 Speedman Mitigation Bank DWR 20231189 V1 Subject Depicted on Depicted on Feature ID Feature Type* to Buffer Start @ Stop @ Soil Survey USGS Topo Rules Ditch 1 Ditch No Western S100 Start Yes Yes boundary Southern Ditch 2 Ditch No boundary S101 Start Yes No Southern Ditch 3 Ditch No boundary S101 Start Yes No Ditch 4 Ditch No Western Not Yes No boundaryDetermined * 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 Ifsending 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 shelton.sullivan@deq.nc.gov or 919-707-3636. This determination is subject to review as provided in G.S. 150B. Sincere, Docu gned by: Sft ply avuc, bass StepH Fd&9?, Supervisor 401 & Buffer Permitting Branch Attachments: Site Map with labels, NRCS Soil Survey, USGS Topographical Map cc: 401 & Buffer Permitting Branch, Laserfiche File 20231189 V1 DWR Washington Regional Office, via email Filename: 20231189 Speedman Mitigation Bank -Stream Det_Wayne_Co DocuSign Envelope ID: FD9C8C9D-4DOD-44E7-8AB8-BACF1C829BD6 Speedman Mitigation Bank — DWR Stream Calls 9/14/23 Shelton Sullivan (start/stop points are approximate) Figure Speed man Nutrient Offset Bank Existing Aquatic WATER LAND' D' HUU�;Neuse01-M020201 Resources Map SO LU T i 'Alayne County, North Carolina X Map rrapcdw ruo-_+Se7.81NeA.r,r cror,tifirs_axu�o-t Wk T124r.1023 DocuSign Envelope ID: FD9C8C9D-4DOD-44E7-8AB8-BACF1C829BD6 NRCS Soil Survev. Wavne Countv (start/stoD Doints are aDDroximate) IMPareei Boundary P ropueed Coneer%eat on Eaimrnerft '.. W.0 WaB Ra k , -. - '' •,�-� J fir. Figure Speed marl Nutrient Offset Bank BRCS -SoiI TER & LAND' HUC8 Neuse 01 - D3020201 Survey Map SOLUTIONS Vway ne Cou nty, North Canal i rka x Map Nlotftn'rAC ,;03 S-Ime-I ne wan, 1;1r4n1 =IFS Im Peer Oak: -J24 3 DocuSign Envelope ID: FD9C8C9D-4DOD-44E7-8AB8-BACF1C829BD6 USGS Map, Wayne County (start/stop points are approximate)