HomeMy WebLinkAbout20240355 Ver 1_Buffer and/or Stream Appeal Determination_20240315ROY COOPER
Governor
ELIZABETH S. BISER
Secretary
RICHARD E. ROGERS, JR.
Director
Happy Trail Farms LLC
Attn: Woody Wichard
PO Box 1863
Greenville, NC 27835
NORTH CAROLINA
Environmental Quality
March 14th, 2024
DWR Project 20240355
Pitt County
Subject: On -Site Determination for Applicability to the Tar -Pamlico Buffer Rules (15A NCAC 02B .0734)
Project Name: Happy Trail Farms, LLC—Ayden, NC
Site Address / Location: Parcel No 4662645594
Dear Mr. Wichard:
On March 14th, 2024, DWR staff Brooks Sherman conducted an on -site review of features located on the
subject property at the request of The Overton Group, LLC, to determine the applicability of the above -
noted state regulations.
The Division of Water Resources has determined that streams listed in the table below and identified on
the attached maps are shown on either the most recently published NRCS Soil Survey of Pitt County
and/or the USGS National Map at a scale that incorporates the National Hydrography Dataset High
Resolution data at 1:24,000 scale. Streams that are 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 Tar -
Pamlico 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.
Feature
Subject
Depicted
Depicted on
E/I/P/ Other
to Buffer
Start @
Stop @
on
ID
Rules
Soil Survey
USGS Topo
Reach 1
Ditch
No
North Property Boundary
South Property
Yes
No
Boundary
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
correspondences concerning this property. Landowners or affected parties that dispute this
North Carolina Department of Environmental Quality I Division of Water Resources
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NORT�I CAaOUNA
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DWR 20240355
Happy Trail Farms Ayden
Pitt County
Page 2 of 4
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 - DWR 401 & Buffer
Permitting Branch Supervisor
1617 Mail Service Center
Raleigh, NC 27699-1617
If sending via delivery service (UPS, FedEx, etc.)
Stephanie Goss -DWR 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 Brooks
Sherman at 252-945-0205 or Brooks.Sherman@deg.nc.gov . This determination is subject to review as
provided in Articles 3 & 4 of G.S. 150B.
Sincerely,
Plo(,cnZ Tom"
Robert Tankard, Assistant Regional
Supervisor Water Quality Regional
Operation Section Division of Water
Resources, NCDEQ Washington
Regional Office
Enclosures: USGS Topographical Map
published NRCS Soil Survey
Electronic cc: Woody Wichard woodywhichard@gmail.com
Chris Lilley chris@overtongroup.net
DWR, WaRO Regional Office
Laserfiche
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512 North Salisbury Street 1 1611 Mail Service Center I Raleigh, North Carolina 27699-1611
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Page 4 of 4
Blue lines indicate mapped streams shown on the most recent published MRCS Soil Survey and/or the USGS
National Map online at httl2s://al2s.nationalmal2.gov/viewer. Blue line mapped streams have been determined to
be at least intermittent in nature on the DWR Stream Identification Form Version 4.11. Blue line mapped streams
are therefore subject to the Tar -Pamlico River Basin Riparian Buffer Regulations (15A NCAC 02B .0734).
Red lines indicate unmapped and/or mapped features determined to be less than intermittent in nature on the
DWR Stream Identification Form Version 4.11. Red lines may also indicate man made features such as ditches,
neither of these features are subject to the Tar -Pamlico River Basin Riparian Buffer Regulations (15A NCAC
02B .0734).
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