HomeMy WebLinkAbout20240075 Ver 1_King Mill - Site Viability Request Form_20240604_____________________________________________________________________________________________________________________________________________________________
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 King Mill Mitigation Site
Address 479 King Mill Road City: Four Oaks
Site Coordinates 35.477677, ‐78.480853 County: Johnston
River Basin Name Neuse River Basin 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 King Mill Mitigation Site (Site) is in Johnston County approximately eight miles southwest of
Smithfield, NC. The Site is located within the Hydrologic Unit Code (HUC) 030202011203 and North
Carolina Department of Environmental Quality Division of Water Resources (DWR) Subbasin 03‐04‐04.
The proposed Site includes stream mitigation and is also being submitted for 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 one side of Black Creek, one project ditch (Ditch 4), three non‐project ditches (Ditch 1,
Ditch 2, Ditch 3), and four tributaries to Black Creek that, for the purpose of the Riparian Project, are
referred to as King Mill Creek, Pond Tributary, UT1, and East Tributary. King Mill Creek is a perennial
stream that flows southeast through the Site. UT1 flows southeast until its confluence with Pond
Tributary. East Tributary and Pond Tributary begin off‐site and flow south until they reach a flat, recently
harvested wetland area where they lose channel definition. D1, D2, and D3 will all be filled or modified
for purposes of the Stream Project and are not proposed to be included within the Riparian Project. All
project streams flow to the Neuse River which is classified as Water Supply V and a Nutrient Sensitive
Water (NSW).
Most of the Site is forested land characterized by a mid‐successional canopy, surrounded by agricultural
land. A review of historical aerials from 1950 to 2020 shows that land use has remained mostly
consistent over time. Between 1961 and 1964, a berm was constructed that now runs along the entire
length of King Mill Creek within the proposed conservation easement area. The berm separates King Mill
Creek from Black Creek. It appears likely that King Mill Creek was ditched and straightened on the
property at this time. In 2021, approximately 46 acres of the Black Creek floodplain was logged on the
east side of the Site. The majority of this area is not within the proposed conservation easement;
however, a small section of the proposed easement was included in the logging which includes a portion
of the existing forest on the east side of the proposed King Mill Creek multithread channel and an area
of existing forest that was on the downstream left floodplain of Pond Tributary (see Site Viability Map).
Harvesting was in compliance with 15A NCAC 02B .0714. Existing riparian area conditions vary across the
Site, with three distinct vegetation zones identified: forested with a canopy, recently harvested forest
with naturally regenerated growth less than one year old, and agriculture fields.
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 13, 2024 Project 20240075 Version 1 Johnston County Kaitlyn Hogarth, Project Manager Wildlands Engineering, Inc khogarth@wildlandseng.com
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.
Feature ID Feature Type* Subject to Buffer Rules Start @ Stop @ Depicted on Soil Survey Depicted on USGS Topo Black Creek Stream at least Intermittent Yes Southwestern boundary Southeastern boundary Yes Yes King Mill (upper) Stream at least Intermittent Yes 35.4776920, -78.4810049 Start of berm Yes Yes
DocuSign Envelope ID: D2A687A5-52ED-4609-A0A8-9A85C38DF31A
King Mill Mitigation Bank DWR 20240075V2
Feature ID Feature Type* Subject to Buffer Rules Start @ Stop @ Depicted on Soil Survey Depicted on USGS Topo King Mill (lower) Stream at least Intermittent No Start of berm Near Mapped Confluence with Black Creek No No
UT1 Stream at least Intermittent Yes 35.4762507, -78.4735104 Confluence with Pond Tributary Yes No Pond Tributary Stream at least Intermittent Yes Northeastern property boundary 35.4738502, -78.4714825 Yes Yes East Tributary Stream at least intermittent Yes Northeastern property corner 35.4733308, -78.4698809 Yes Yes Ditch 1 Ditch No 35.476332, -78.479116 35.474027, -78.477937 Yes No 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
If sending 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. 150B. Sincerely, Stephanie Goss, Supervisor 401 & Buffer Permitting Branch
DocuSign Envelope ID: D2A687A5-52ED-4609-A0A8-9A85C38DF31A
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
DocuSign Envelope ID: D2A687A5-52ED-4609-A0A8-9A85C38DF31A
King Mill
(downstream) not
subject, stream
Approximate end
subjectivity (as per
map)
Confluence is further
east, off of property
DocuSign Envelope ID: D2A687A5-52ED-4609-A0A8-9A85C38DF31A
Not Present
DocuSign Envelope ID: D2A687A5-52ED-4609-A0A8-9A85C38DF31A
DocuSign Envelope ID: D2A687A5-52ED-4609-A0A8-9A85C38DF31A
7496156.5
1993
= 1000'
7496156.5
1999
= 1000'
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UT1 Origin
78.4735104
35.4762507
Pond Tributary Origin - Off
Property
East Tributary Origin -
Off Property
King Mill Creek Origin - Road
Culvert
78.4810049 35.4776920
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¹Site Viability Map
King Mill Mitigation Site
Wildlands Neuse 01 Umbrella Mitigation Bank
Neuse River Basin 03020201
Johnston County, NC
2021 Aerial Imagery
0 500 1,000 Feet
Project Parcels
Proposed Conservation Easement
Existing Project Stream Alignment
Existing Non-Project Ditch
Concept Streams
Project Ditch
Non-Project Stream
Berm to be Removed
Remnant Channel
Proposed Multithread Channel Valley Length
LiDAR Map
King Mill Mitigation Site
Wildlands Neuse 01 Umbrella Mitigation Bank
Neuse River Basin 03020201
Johnston County, NC¹0 350 700 Feet
Project Parcels
Proposed Conservation Easement
Elevation (Feet)
121
232