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HomeMy WebLinkAbout20151036 Ver 1_Buffer Determination Request_20151001North Carolina Department of Environmental Quality Pat McCrory Donald R. van der Vaart Governor FIECEIVEDMCDENR/DWR Secretary OCT 12015 Water ouafty Regional I DWR Use Only: Project# Operatlorna Section Stream OWWMNPAWicability Determination Required Information 1. Owner Information (corporationfndividual who is legally responsible for the property and its compliance) la. Name(s) on Recorded Deed Southeast Investors Group, LLC (also wooded portion of Harry and Mollie, LLC tract) 1 b. Responsible Party (for LLC) Ted Ivey 1c. Mailing Address 229 NC HWY 111 south, Goldsboro, NC 27534 1d. Telephone Number 919- 580 -6767 11e. Email Address I Tivey @iscfgenetics.com 2. Location of Project Site - please include the county, nearest named town and highway number: South of the end of Gateway dr., east of HWY 70, Goldsboro, NC 3. Has anyone from DWR visited the site? I N I Staff Name I I Date of Visit? Additional Requested Information 4. Agent/Consultant Information (if applicable) 4a. Name, Company Soil & Environmental Consultants, PA 4b. Mailing address 8412 Falls of Neuse Rd., Suite 104, Raleigh, NC 27614 4c. Telephone no. 919 - 270 -7941 14d. Email address I kmartin @sandec.com 5. Project and Site Information 5a. Name of project Southeast Investors Group, LLC 5b. County Wayne 5c. Nearest Named Stream Stony Creek 5d. River Basin Neuse 5e. Provide a brief description of this project (attach site plan if available): No plan at this time. Please attach a map of the site indicating project boundaries on the USGS 1:24,000 Topo and/or NRCS Soil Survey. If you are unable to locate either of these maps, please contact the Regional Office for assistance. DWR Use Only:Is this stream call for the purpose of: Please return form to: Anthony Scarbraugh 943 Washington Square Mall Washington, NC 27889 4 \:"e Fax: (252) 946 -9215 Email: anthonv.scarbrauch &ncdenr.cov buffer mitigation _ nutrient offset credit Note: Submittals on Friday after 12:00 pm will be stamped as received on the next business day. Please contact Anthony Scarbraugh at (252) 946 -6481 if you have any questions. Division of Water Resources - Water Quality Regional Operations Section - Washington Regional Office 943 Washington Square Mall, Washington, NC 27889 Phone: 252 - 946x481 \ Fax: 252- 975 -3716\ Internet: www.ncdenr.gov An Equal Opportunity \ Affirrnafive Action Employer— Made in part by,recycled paper Scarbrauqh, Anthony From: Kevin Martin <kmartin @sandec.com> Sent: Thursday, October 01, 2015 3:32 PM To: Scarbraugh, Anthony Subject: southeast investors & wooded part of Harry and Mollie tract Attachments: Corps site meeting results.pdf; Southeast Investors GIS info.pdf; Harry&Mollie GIS info.pdf; usgs.pdf; soil survey.pdf; StreamCallForm 2013_WaRO (002).docx Here is the attached form, we will be looking at all of the Southeast investors site (there are two features on the soil survey but just one of them is on the USGS) and the wooded part of the Harry and Mollie property (one feature on soil map and usgs). DWR previously made buffer calls on the ag field part of the Harry and Mollie tract (DWQ EXP# 11 -0497, dated May 11`h, 2011). 1 know it will be wet as heck but do not think it will be an issue since these are pretty obviously ditches and are upstream sections of ditches that were previously determined not to be buffered.. The features we will look at are labeled #10 (it is on soils and usgs) on the attached Corps site meeting results PDF ( #12 was part of the previous buffer determination by DWR), #10 is partially on the Harry and Mollie tract and partially on the Southeast investors tract. And I guess #8 (only on soils map) on the Southeast Investors site, the feature on the soil map cuts diagonally thru the tract and then "disappears ", there is nothing (not even a ditch remotely close to the location of the stream shown on the soil map so I suppose #8 ditch is "approximately located" Kevin C. Martin President Soil & Environmental Consultants, PA We've moved to: North Quarter Office Park 8412 Falls of Neuse Road, Suite 104 Raleigh, NC 27615 (919) 846 -5900 Office Phone (919) 846 -9467 Fax (919) 270 -7941 Mobile kmartin(@sandec.com Visit us at SandEC.com! This electronic communication, including all attachments, is intended only for the named addressee (s) and may contain confidential information. This electronic communication may not have passed through our standard review /quality control process. Design data and recommendations included herein are provided as a matter of convenience and should not be used for final design. Rely only on final, hardcopy materials bearing the consultant's original signature and seal. If you are not the named addressee (s), any use, dissemination, distribution or copying of this communication is prohibited. If you have received this electronic communication in error, please notify the sender by return e-mail and delete the original communication from your system. Thank you From: Scarbraugh, Anthony [ mailto :anthony.scarbraugh @ncdenr.gov] Sent: Thursday, October 1, 2015 2:38 PM To: Kevin Martin <kmartin @sandec.com> Subject: RE: Goldsboro sites Anthony Scarbraugh Environmental Senior Specialist Washington Regional Office North Carolina Department of Environmental Quality Division of Water Resources — Water Quality Regional Operations Section 943 Washington Square Mall Washington, NC 27889 (252) 948 -3924 Anthony Scarbraugh Environmental Senior Specialist Washington Regional Office North Carolina Department of Environmental Quality Division of Water Resources — Water Quality Regional Operations Section 943 Washington Square Mall Washington, NC 27889 (252) 948 -3924 ...rsr * + +rr.•rr +sw *s *per. * * * *rr�ws:.. +s• * * * *♦ * *sr +air * * * * * * * *ss. + +s + + +. *� * *r E -mail correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties unless the content is exempt by statue or other regulation. . +...er *errerrerrerrerr erg*++...+++.#+.*. eeerr :..rrrr *rr *ereerrer * * *r *ereeer ti - �_ LEGEND 4A j X— Upland Data form location 1 3 2 X � � — WOTUS (Jurisdictional Ditch) 4g ; .► '• — Non — Jurisdictional Ditch — Jurisdictional Wetland 14 15 - 12 — Forested Part of Property 11 '� 9 13 8 - 10 �,c �.. 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Go LY R �., A/r�' Re NoA \ G I NoA �!: l " a_/ NoA is N Number: vner /Address 1: ty: p Code: operty Address: :reage: de Price: hiding Value: :ferred Value: Detailed Property Card Tuesday, July 7, 20J 3528377810 Owner Name: SOUTHEAST INVESTORS GROUP LLC 229 NC HIGHWAY 111 S Owner /Address 2: GOLDSBORO State: NC 27534 Neighborhood: 04901 E US 70 HY Deed Book -Page: 1800 -187 185.600 Sale Year: 00 $200,000.00 Land Value: $742,400.00 $0.00 OBXF Value: $0.00 $644,960.00 Total Value: $97,440.00 )ISCLAIMER: THIS MAP IS PREPARED FOR THE INVENTORY OF REAL PROPERTY FOUND WITHIN THIS JURISDICTION AND IS COMPILED FROM ECORDED DEEDS, PLATS, AND OTHER PUBLIC RECORDS AND DATA. USERS OF THIS MAP ARE HEREBY NOTIFIED THAT THE AFOREMENTIONE 'UBLIC PRIMARY INFORMATION SOURCES SHOULD BE CONSULTED FOR VERIFICATION OF THE INFORMATION CONTAINED ON THIS MAP. THE COUNTY AND THE MAPPING COMPANIES ASSUME NO LEGAL RESPONSIBILITIES FOR THE INFORMATION CONTAINED ON THIS MAP. North Carolina Department of Environment and Natural Resources Beverly Eaves Perdue Governor B.R. Komegay, Inc. Mr. Jeffery Kornegay Post Office Drawer 1435 Goldsboro, NC 27533 Division of Water Quality Coleen H. Sullins Director May 31, 2011 Subject Property: 'red Ivey Site off McLain Street (SR 1758) Untamed Tributary to Stony Creek, Neuse River Basin Dee Freeman Secretary DWQ EXPO 11 -0497 Wayne County On -Site Determination for Applicability to the Neuse River Riparian Area Protection Rules (15A NCAC 2B.0233)- EXPREM REVIEW PROGRAM Dear Mr. Komegay: On May 24, 2011, at your request, 1 conducted an on -site determination to review a drainage feature located on the subject property for applicability to the Neuse Buffer Rules (15A NCAC 2B .0233). The features are labeled" 1 1-0497 A to I I - 0497 H" on the attached maps and initialed by me on May 25, 2011. The Division of Water Quality (DWQ) hag determined that the feature labeled as "I1 -0497 A" on the attached maps, and highlighted in hive is sahket to the Neuse Ruffer Rules- The features Ieheled as "I1 -0497 B through 11- 0497 H and I1 -0299 A to 11 -0299 B" on the attached maps, and highlighted in are not subject to the Neuse Buffer Rules. The subject feature is marked on the ground with yellow DWQ nagging and starts at the culvert outlet that crosses under McLain Street and Hwy. 70 and Flows down gradient along the east side of McLain Street to the inlet of a second culvert that passes under McLain Street and Hwy. 70. The subject site is labeled 1 1-0497 A (N 35° 22.148' W 77° 55.868'). The second drainage feature is labeled as 11-0497 B (N 35° 21.987' W 77° 55.674') and 11-0497 C (N 35° 22.119' W 77° 55.599') and highlighted in icd on the attached maps. The feature starts at the perennial stream labeled 11 -0497 A and continues up gradient, heading due east for sever hundred feet, and branches off southeast to end at a farm path culvert crossing marked on the ground with yellowing DWQ Buffer nagging. Feature 11-0497 C continues northeast from the split and is marked on the ground with yellow DWQ nagging. Please note that drainage features continue past the nagged end point and are considered not subject to the Neuse Riparian Buffer Rules. The third drainage feature labeled as 11 -0299 B to 11 -0299 C, highlighted in on the attached maps, is a separate stream determination conducted in April of 2011. This section of drainage is not considered subject to the Neuse Riparian Buffer Rules. Norm Ca hna DWelon a Wale! aauy 943 Waehnpun Squ a Mall Waahrom, NC 77869 Phone: 252-94684811 FAX 252- 948-9215 Inlemel A ntruaiquaW.onl An EguA OppoM.ty I Aar.,V n AcWn Empbya None Caro ina Naturally The fourth drainage feature reviewed starts at point 1 1 -0497 D (N 35° 21.833' W 77° 55.715') marked on the ground with yellow DWQ Buffer flagging, and continues south southeast to the edge of the subject field and ends at point 1 1 -0497 E IN 35° 21.758' W 77° 55.594') highlighted in reel and marked on the ground with yellow flagging. (he fifth feature starts at point 11 -0497 E, (N 35° 21.758' W 77° 55.715') adjacent to power lines and continues up gradient northeast to point 11- 0497 G IN 35° 21.917' W 77° 55.205'), marked on the ground with yellow flagging, the drainage Feature makes a right hand turn southeast and ends at point 11-0497 H (N 35° 21.779' W 77° 55.114') in the far back southeast comer of the Field marked with yellow DWQ flagging (sec attached maps). Please note that although the subject features highlighted in 1 r are not subject to the Neuse Riparian Buffer rules they may be considered 404 wetlands. It Is therefore recommended that the (IS Army Corp of Engineers be contacted to determine if wetlands exist before any grading or excavation commences on this site. I-hc owner (or linurc owners) should notify the DWQ (and other relevant agencies) of this decision in any future .. -.,, , .'. .es concerning this property. 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 DWQ or Delegated Local Authority that a surface water exists and that it is subject to the buffer rule may request a determination by the Director. A request for a determination by the Director shall be referred to the Director in writing c/o John Ibmey, DWQ Wetlands/401 Unit. 2321 Crabtree Blvd.. Raleigh, NC 27604 -2260. Individuals that dispute a determination by the DWQ or Delegated Local Authority that "exempts" a surface water from the buffer rule may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. Applicants are hereby notified that the 60 -day statutory appeal time does not start until the affected party (including downstream and adjacent landowners) is notified of this decision. DWQ recommends that the applicant conduct this notification in order to be certain that third party appeals are made in a timely manner. To ask for a hearing, send a written petition, which conforms to Chapter 1508 of the North Carolina General Statutes to the Office of Administrative I learings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714 This determination is final and binding unless you ask for a hearing within 60 days. This letter only addresses the applicability to the bufler rules and does not approve any activity within the buffers. Nor does this letter approve any activity within Waters of the United States or Waters of the State. If you have any additional questions or require additional information please call Roberto Schaller in the Washington Regional Office at (252) 948- 3940_ Attachments: Wayne County Soil Survey map USGS Southeast (ioldsbor) Quad map Goggle Barth map cc: DWQ 401/Welland Express Unit Eile Copy hlcna I1 -0497 H x JE666' wn 1111a ' 9r.NnNr »� r 61,61 V com sm . . - - N _ r •. • ••. ' , 8M! a N N 35 22.479' 1 � W 77 • • 1 SNe A 11 .0497 c • ..'' B N N 36 22.119' W 77 55.6 "' 7 11-0WA 1 Nx3XMf 11 -0299 A W 77 SLOW LOW N N 35 27.063' - W 77 55.126' 11-04979 N 36 21.94' I S %J.'�d Cf it Ull. ;(l:a; f � �` •q„ agement i sion of 1 For Name: SOUTHEAST GOLDSBORO Location: 035. 22'04,56" N 077' 55'27,92' W Date: 525/2011 Caption: Stream Determination for Teo Ivey Property, SE Goldsboro. off Scale: 1 Inch equals 2000 feet McLain Road (SRI 758) Copyright (C) 1996. 6Mptecil. Inc u� \ r � N m &t