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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 CL § f 0 Q O w U) O O 0 N - � g z 7 m CO � LL l 0 0 co o v U w 0 L ! ARE O � o G O a J � '^ - V � 20 o