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Home My WebLink About20240360 Ver 1_Jumping Jack VIABILITY ASSESSMENT REQUEST FORM 2024_20240530_____________________________________________________________________________________________________________________________________________________________ SUBMIT A COMPLETED REQUEST TO: Division of Water Resources by using the link below: https://edocs.deq.nc.gov/Forms/Mitigation_Information_Upload BUFFER MITIGATION &/OR NUTRIENT OFFSET SITE VIABILTY ASSESSMENT REQUEST (VERSION 3-2024) (Form must be complete and all attachments included to process request) ☐ BUFFER MITIGATION ☐ NUTRIENT OFFSET ☒ BOTH PARCEL/SITE DETAILS Has anyone from DWR or the USACE visited the site in the past 12 months? ☒ YES ☐ NO Have buffer/stream determinations been made by Division of Water Resources? ☒ YES ☐ NO Will any state or federal grant money be associated with this proposed project? ☐ YES ☒ NO Are any State, Local or Federal Permits associated with the parcel/land? ☐ YES ☒ NO ATTACHMENTS REQUIRED (provide items 1-6 as a separate attachment, not to exceed 10 pages) 1. Detailed description of the parcel/site including existing site conditions, constraints (culverts, utilities, existing easements or protections) or permits affiliated with the property. 2. A timeline & photolog of land use changes from 1990‐Present supported by Google imagery; 3. Include the DWR Stream Call Determination letter with maps & figures; 4. Include an Aerial Map showing a proposed Conservation Easement/Project boundary 5. Include lidar imagery of the area within the proposed project boundary 6. Include ditch depths: measure center‐line of ditch to top of bank every 100 ft to stream confluence Contact Name Kaitlyn Hogarth Contact Company Wildlands Engineering Mailing Address 312 W Millbrook Road, Suite 225, Raleigh NC, 27609 Email Khogarth@wildlandseng.com Phone: 540‐907‐9432 Do you have the right to access the property? ☒ YES ☐ NO Proposed Site Name Jumping Jack Creek Mitigation Site Address 7678 Stricklands Crossroads City: Four Oaks Site Coordinates 35.376255, ‐78.468870 County: Johnston River Basin Name Neuse 8‐Digit HUC: 03020201 Sub‐watershed (only include if in Jordan Lake or Falls) Will this be part of a stream or wetland project/bank? ☒ YES ☐ NO The Jumping Jack Mitigation Site (Site) is in Johnston County approximately five miles east of Benson, NC. The Site is located within the Hydrologic Unit Code (HUC) 030202011500 and North Carolina Department of Environmental Quality Division of Water Resources (DWR) Subbasin 03‐04‐04. The Site is a stream mitigation project that will include buffer mitigation and nutrient offset in accordance with the Buffer Mitigation Rules (15A NCAC 02B .0295) and the Nutrient Offset Trading Rule (15A NCAC 02B .0703). Hereinafter, the buffer mitigation and nutrient offset project will be referred to as “Riparian Project”, whereas the stream mitigation project will be referred to as “Stream Project”. The Site contains Stone Creek, one unnamed tributary (Hog Creek), two project ditches (D1 and D3), one unnamed non‐project tributary (UT), one non‐project ditch (D2), and one non‐project ephemeral channel (E1). During the DWR stream determination walk, D1 was called a “ditch along roadside”; however, D1 is referred to as Lumber Creek for the Stream Project and will be proposed for stream restoration. No concerns were raised about the feature being proposed for stream restoration by the Interagency Review Team (IRT) during a draft prospectus site visit on May 9, 2024. Additionally, UT was determined to be a stream by DWR but will not be included within the Stream Project and is not proposed to be included as part of the Buffer Project. All project tributaries and ditches flow to Stone Creek which drains to Mill Creek and eventually the Neuse River. Neuse River is classified as Water Supply V and Nutrient Sensitive Water. A review of historic aerials from 1950 to present shows that the two northern parcels on the Site were wooded with a small amount of pasture from 1950 to 1983. These two parcels were cleared between 1983 and 1993 and six chicken houses were added on the edge of the Stone Creek floodplain along the east side of the Site. In 1993 the landowner cleared additional trees under permit along the right floodplain of Stone Creek and constructed the pond at the headwaters of Lumber Creek. During that time, four hog houses were added south of the chicken houses and two lagoons were permitted and constructed within the Stone Creek floodplain. The landowner lost the contract to produce chickens and removed the chicken houses between 2009 and 2012. Additionally, in 2023 Smithfield Foods canceled a hog production contract with the landowner, therefore, the hog houses are now inactive. The permit is still valid however, meaning that the lagoons are still pumped occasionally to spray fields. The landowner’s son constructed a lumber yard on the property between 2016 and 2020 but it is outside of any active or relic floodplains. The southern parcel was harvested outside the 50‐foot zone of Stone Creek between 1993 and 1999. A portion of the parcel was harvested again between 2016 and 2020 which was also outside of the 50‐foot zone of Stone Creek. Mitigation work will include the restoration of riparian areas that are currently occupied by pasture and the preservation of existing forests. Restoration and preservation of the riparian areas up to 200 feet from project streams and ditches will filter overland flow and uptake nutrients, thereby reducing sediment and nutrient inputs within the project area. Additionally, habitat will be created and preserved in the form of functional riparian forests. North Carolina Department of Environmental Quality Division of Water Resources 512 North Salisbury Street 1617 Mail Service Center Raleigh, North Carolina 27699-1617 919.707.9000 March 11, 2024 Project 20240360 Version 1 Johnston County Kaitlyn Hogarth, Environmental Scientist Wildlands Engineering, Inc. khogarth@wildlandseng.com Subject: Determination for Applicability to the Neuse Buffer Rules 15A NCAC 02B .0714 Project Name: Jumping Jack Creek Mitigation Site Address: 7678 Stricklands Crossroads Road, Four Oaks, NC Location: Lat., Long: 35.376255, -78.468870 Dear Ms. Hogarth: On March 5, 2024, 2023, Shelton Sullivan of the Division of Water Resources (DWR) conducted an on-site review of feature(s) located within the proposed easement of the Jumping Jack Creek Mitigation Site at the request of Wildlands Engineering, Inc. to determine the presence of stream/water features on the site and the applicability of those to the Neuse River Riparian Area Protection Rules, Title 15A North Carolina Administrative Code 02B .0714. Kaitlyn Hogarth with Wildlands Engineering, Inc, and Samantha Wooten, Jennie Emmons, and Cat Ortero with DWR were also 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” or “not evaluated” may be considered jurisdictional according to the US Army Corps of Engineers and subject to the Clean Water Act. DocuSign Envelope ID: 6FEF5D7D-A5F7-49E3-8E1A-1644473C08C5 Page 2 of 3 Jumping Jack Creek Mitigation Site DWR #20240360 V1 The enclosed map(s) depict the feature(s) evaluated and this information is also summarized in the table below. Feature ID Feature Type* Subject to Buffer Rules Start @ Stop @ Depicted on Soil Survey Depicted on USGS Topo Stone Creek Stream, at least intermittent Yes Road crossing of Stricklands Crossroads Rd. Continues downstream through proposed project Yes Yes UT Stream, at least intermittent No Pipe outlet, 35.375179, -78.470693 Confluence with Stone Creek No No Hog Creek Stream, modified, at least intermittent Yes Flagged tree, 35.371932, -78.470750 Confluence with Stone Creek No Yes D1 Ditch along roadside No South side of Strickland’s Crossroads Rd. Not evaluated No No E Stream, modified, ephemeral No See map, ~ 35.375694, -78.471235 Confluence with Stone Creek No No D2 Ditch No See map Not evaluated No No D3 Ditch No See map Not evaluated No No Pond 1 Pond No See map See map No Yes Pond 2 Pond No See map See map No Yes NP1 Not Present No NA NA Yes No NP2 Not Present No NA NA 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, Supervisor DWR 401 & Buffer Permitting Branch 1617 Mail Service Center Raleigh, NC 27699-1617 If sending via delivery service (UPS, FedEx, etc.): Stephanie Goss, Supervisor DWR 401 & Buffer Permitting Branch 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 within the proposed project or DocuSign Envelope ID: 6FEF5D7D-A5F7-49E3-8E1A-1644473C08C5 Page 3 of 3 Jumping Jack Creek Mitigation Site DWR #20240360 V1 conservation easement. 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 shelton.sullivan@deq.nc.gov or 919-707-3636. This determination is subject to review as provided in G.S. 150B. Sincerely, Stephanie Goss, Supervisor 401 & Buffer Permitting Branch Attachments: Site Map with labels, NRCS Soil Survey, USGS Topographical Map, Photos (if applicable) cc: 401 & Buffer Permitting Branch, Laserfiche File 20240360 V1 Rickie W. Norris (owner), rickienorris@gmail.com Filename: 20240360_Jumping Jack_Mitigation Site_Stream Det_Johnston_Co DocuSign Envelope ID: 6FEF5D7D-A5F7-49E3-8E1A-1644473C08C5 Maps from Wildlands, edited by DWR. 3/8/24 Site Map D1 D2 D3 E, Ephemeral Channel ~35.375694, -78.471235 NP1 NP2 Pond 1 Pond 2 DocuSign Envelope ID: 6FEF5D7D-A5F7-49E3-8E1A-1644473C08C5 NRCS Johnston Co. Soils Map Stone Creek, Subject NP1, Not Present, Not Subject NP2, Not Present, Not Subject Stone Creek, Subject DocuSign Envelope ID: 6FEF5D7D-A5F7-49E3-8E1A-1644473C08C5 USGS Map Stone Creek, Subject Hog Creek, Subject Stone Creek, Subject Pond 1, Not Subject Pond 2, Not Subject DocuSign Envelope ID: 6FEF5D7D-A5F7-49E3-8E1A-1644473C08C5 7537332.5 1993 = 750' 7537332.5 1999 = 750' S t r i c k l a n d s C r o s s r o a d s R d A d a m s R d Adams Rd S t r i c k l a n d s C rossroads Rd ÛÚ ÛÚ ÛÚ ÛÚÛÚ ÛÚÛÚ GFGFGF Hog Creek S t o n e C r e e k UT D1 E D2 D3 Hog Creek Origin 78.470750, 35.371932 D1 called "ditch along roadside" by DWR, but will be proposed to IRT for stream restoration. RTOB - 10" LTOB - 10" RTOB - 9" LTOB - 16" RTOB - 15" LTOB - 14" ¹0 175 350 Feet Site Viability Map Jumping Jack Mitigation Site Neuse River Basin 03020201 Johnston County, NC Project Parcels Proposed Conservation Easement Proposed Concept Stream Alignment Existing Project Stream Alignment Existing Project Ditch Existing Non-Project Ditch Existing Non-Project Ephemeral Channel Non-Project Streams Topographic Contours (2') ÛÚ Existing Culvert GF Ditch Depth Measurement 2021 Aerial Imagery S t r i c k l a n d s C r o s s r o a d s R d A d a m s R d Adams Rd S t r i c k l a n d s C rossroads Rd ^_^_^_ Hog Creek S t o n e C r e e k UT D1 E D2 D3 ¹0 175 350 Feet LiDAR Map Jumping Jack Mitigation Site Neuse River Basin 03020201 Johnston County, NC Project Parcels Proposed Conservation Easement Value 164.813 213.36