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HomeMy WebLinkAbout20240705_Southerland Mills_Johnston_Response to Public Comment North Carolina Department of Environmental Quality Division of Water Resources Raleigh Regional Office 3800 Barrett Drive Raleigh, North Carolina 27609 919.791.4200 September 10, 2024 Subject: Memorandum Addressing Public Comments Application for Individual 401 Certification and Neuse Buffer Authorization Project: Southerland Mills DWR# 20240705 Johnston County The following is a summary of the comments received by DWR during the public comment period beginning May 22, 2024: 1. Comments were received about work being performed involving land disturbance and tree clearing close to the creek and property line along Riverstone Drive. o Response: DWR received complaints that possible tree removal, digging, and other earth-moving activities have occurred within the buffer and stream channel. After investigation by the RRO and follow-up with the contractor and inspector from Johnston County, it was determined that clearing was associated with installation of BMPs as part of the approved sediment and erosion control plan. All clearing was within the approved area of the plan and outside of the 50-foot riparian buffer. 2. Comments were received regarding residents of adjacent neighborhoods not receiving notice of plans for this development and the “planning and zoning director mentioning that the development was to maintain a certain percentage of trees as well as a buffer between existing houses/neighborhoods”. o Response: DWR issued the public notice for the proposed development and associated 401 certification and buffer authorization applications on May 22, 2024. Notification and implementation of zoning and other local ordinances are outside of DWR’s purview. 3. Comments were received regarding concerns over potential impacts to the creek channel and that a 100-foot buffer should be afforded to this channel. In addition, concerns regarding cut trees and additional items being left alongside and within the creek. o Response: DWR regulates 50-foot-wide riparian buffers within the Neuse River Basin that meet all criteria under 15A NCAC 02B .0714. Any additional buffer areas would fall under local ordinances or by recommendation from other agencies. Please refer to Item 1 for construction investigation findings. North Carolina Department of Environmental Quality Division of Water Resources Raleigh Regional Office 3800 Barrett Drive Raleigh, North Carolina 27609 919.791.4200 Southerland Mills Response to Public Comment DWR# 20240705 Page 2 of 2 4. Comments were received regarding concerns about existing water supply wells and impacts from soil and contaminants draining and/or leaching into the ground from temporary construction silt basins, drainage ditches, and permanent stormwater ponds. o Response: Applications are reviewed to ensure water quality is protected and that proposed plans are designed to minimize and avoid impacts to surface waters to the greatest extent practicable. Silt basins, drainage ditches, and stormwater ponds are part of the sediment and erosion control/stormwater management plans and are evaluated by NC DEMLR or the local delegated program to ensure that they are in compliance with all rules and regulations.