20231189 Ver 2_Buffer and/or Stream Appeal Determination_20231213

ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
Edith S. Smith
P O Box 54
Mt. Olive, NC 28365
NORTH CAROLINA
Environmental Quality
November 21, 2023
Project # 20231189 v.2
Wayne County
Subject: On -Site Determination for Applicability Neuse Riparian Buffer Rules (15A NCAC 02B.0714)
Subject Property/Project Name: Speedman Mitigation Bank
Address / Location: 35.25002,-78.09074
Responsible Parties: Water and Land Solutions LLC/ Edith S. Smith
Feature(s) Evaluated: 3, S100-102
Determination Date: November 21, 2023 Staff: Allen Stewart
Determination Type: Applicability to Neuse Riparian Buffer Rules (15A NCAC 02B .0714)
Buffer:
Feature:
X - Neuse (15A NCAC 02B .0714)
Determination - Ephemeral / Intermittent /
- Tar -Pamlico (15A NCAC 02B .0734)
Perennial /Ditch / Swale / Not Present /
- Catawba (15A NCAC 02B .0614)
Unmapped
-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/
Not
Subject
Start@
Stop@
Soil
USGS
S/NP/U*
Subject
Survey
Topo
S100
I
X
35.251433,
Northeast Corner
X
X
-78.092255
/ Property Line
S101
I
X
35.25002,
S100
X
-78.09074
S102
I
X
35.24968,
S101
X
-78.09248
*Ephemeral / Intermittent / Perennial / Ditch / Swale / Not Present / Unmapped
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 CARou Na 919.707.9000

Project # 20231189 v.2
Wayne County
Page 2 of 4
Ms. Smith,
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, ditch 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. 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 the 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.):
clo 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 Washington Regulatory Field Office at 2407 W 5th
St, Washington, NC 27889, [phone].
North Carolina Department of Environmental Quality I Division of Water Resources
D E Q 512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611
NORTH CARD-NA919.707.9000

Project # 20231189 v.2
Wayne County
Page 3 of 4
If you have questions regarding this determination, please feel free to contact Allen Stewart at (252)
946-6481.
Sincerely,
ROW T""
Robert Tankard, Assistant Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ
cc: WaRO DWR File Copy/LASERFICHE
Katie Merritt, NC DEQ, [e-mail]
Catherine Roland, Water and Land Solutions LLC, [e-mail]
•
USGS Topographic Map 1:24,000
NRCS Soils Map Wayne County, NC
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

NORTH CAROLINAD � R-
Project # 20231189 v.2
Wayne County
Page 4 of 4
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