HomeMy WebLinkAbout20240075 Ver 2_Determination Letter_20240314DocuSign Envelope ID: D2A687A5-52ED-4609-AOA8-9A85C38DF31A
ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
Kaitlyn Hogarth, Project Manager
Wildlands Engineering, Inc
khogartfiPwildlandseng com
NORTH CAROLINA
Environmental Quality
March 13, 2024
Project 20240075 Version 1
Johnston County
Subject: Determination for Applicability to the Neuse Buffer Rules 15A NCAC 02B .0714
Project Name: King Mill Mitigation Bank
Address: King Mill Rd, Four Oaks, NC
Location: Lat., Long: 35.4792913,-78.4709098
Dear Kaitlyn Hogarth:
On February 15, 2024, Blake Hartshorn and Shelton Sullivan 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. Jennie Emmons and Samantha Wooten with
DWR, and Kaitlyn Hogarth and Rebecca 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.
Subject
on Depicted
p
Depicted on
p
Feature ID
Feature Type*
to Buffer
Start @
Stop @
Soil Survey
USGS Topo
Rules
Black Creek
Stream at least
Yes
Southwestern
Southeastern
Yes
Intermittent
boundaryboundaryYes
King Mill
Stream at least
Yes
35.4776920,
Start of berm
Yes
Yes
(upper)
Intermittent
-78.4810049
D E Q��J North Carolina Department of Environmental Quality I Division of Water Resources
v 512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
NORTHCAROLINA 919.707.9000
Deparlmem of Envlronmanml Duali�
DocuSign Envelope ID: D2A687A5-52ED-4609-AOA8-9A85C38DF31A
King Mill Mitigation Bank
DWR 20240075V2
Subject
Depicted on
Depicted on
Feature ID
Feature Type*
to Buffer
Start @
Stop @
Soil Survey
USGS Topo
Rules
Near Mapped
King Mill
Stream at least
No
Start of berm
Confluence
No
No
(lower)
Intermittent
with Black
Creek
Stream at least
35.4762507,
Confluence
UT1
Intermittent
Yes
-78.4735104
with Pond
Yes
No
Tributary
Pond
Stream at least
Northeastern
35.4738502,
Tributary
Intermittent
Yes
property
-78.4714825
yes
Yes
bounda
East
Stream at least
Yes
Northeastern
35.4733308,
Yes
Yes
Tributary
intermittent
property corner
-78.4698809
Ditch 1
Ditch
No
35.476332,
35.474027,
Yes
No
-78.479116
-78.477937
NP1
Possible Wetland
No
n a
n a
Yes
Yes
NP2
Possible Wetland
No
n a
n a
No
Yes
NP3
Not Present
No
n a
n a
No
Yes
NP4
Not Present
No
n a
n a
No
Yes
NP5
Possible Wetland
No
n a
n a
Yes
No
* 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 blake.hartshorn@deq.nc.gov or 919-707-3684. This determination is subject to
review as provided in G.S. 15OB.
Sincerely,
DocuSigned by:
S%cGbSS
Supervisor
401 & Buffer Permitting Branch
DocuSign Envelope ID: D2A687A5-52ED-4609-AOA8-9A85C38DF31A King Mill Mitigation Bank
DWR 20240075V2
Attachments: Site Map with labels, NRCS Soil Survey, USGS Topographical Map
Electronic cc: 401 & Buffer Permitting Branch, Laserfiche File 20240075 V2
DWR Washington Regional Office, via email
Landowner: Carl B. Langdon Jr., via email berniesfarm48@gmail.com
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