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HomeMy WebLinkAbout20161271 Ver 2_Buffer and/or Stream Determination_20170616* i Water Resources Environmental Quality June 16, 2017 Palustrine Group, LLC Attn: Mr. Norton Webster P 0 Box 603 Pittsboro, NC 27312 ROY COOPER Governor MICHAEL S. REGAN Secretary S. JAY ZIMMERMAN Director DWR #2016-1271 V2 EDGECOMBE County Subject: Appeal On -Site Determinations for Applicability to Tar -Pamlico River Riparian Buffer Rules and Water Quality Standards (15A NCAC 02B .0259) Subject Property/ Project Name: Wilson Farm Mitigation Site (aka Swift Creek) Address/Location: 9117 NC 33, Leggett Stream(s) Evaluated: Uts to Swift Creek Determination Date: 06/13/17 Staff: Anthony Scarbraugh Determination Type: Buffer: Stream: ❑ Neuse (15A NCAC 0213 .0233) ® Intermittent/Perennial Determination ® Tar -Pamlico (15A NCAC 02B.0259) Soil ❑ Catawba (15A NCAC 026 .0243) ❑ Jordan (15A NCAC 02B.0267) (governmental Subject and/or interjurisdictional projects) ❑ Randleman (15A NCAC 0213 .0250) Survey ❑ Goose Creek (15A NCAC 02B .0605-.0608) 2016-1271 V2 Stream E/I/P Not Subject Start@ Stop@ Soil USGS * Subject Survey Topo 2016-1271 V2 Ditch Not Flag 2016-1271 V2 Flag 2016-1271 (formerly known Depicted Begin V2 E/I as UT 5) 2016-1271 V2 I X Flag 2016-1271 V2 Flag 2016-1271 X (formerly known E/I V2 I/P as UT 2) 2016-1271 V2 P X Flag 2016-1271 V2 Flag 2016-1271 X (formerly known I/P V2 End as UT 2) 2016-1271 V2 P X Flag 2016-1271 V2 A Wetland X A(formerly Begin known as UT 15) *E/I/P/NSP = Ephemeral/Intermittent/Perennial/No Stream Present The Division of Water Resources (DWR) has determined that the streams listed above and included on the attached map have been located on the most recent published NRCS Soil Survey of EDGECOMBE County, North Carolina and/or the most recent copy of the USGS Topographic map at a 1:24,000 scale and evaluated for applicability to the ­7:�-�'Nothing Compares State of North Carolina � Environmental Quality I Water Resources -Water Quality Regional Operations Section -Washington Regional Office 943 Washington Square Mall, Washington, North Carolina 27889 252-946-6481 PALUSTRINE GROUP, LLC EDGECOMBE County 06/16/2017 Page 2 of 2 Tar -Pamlico River Riparian Buffer Rule. Each stream that is checked "Not Subject" has been determined to not be at least intermittent or not present on the property. Streams that are checked "Subject" have been located on the property and possess characteristics that qualify them to be at least intermittent streams. There may be other streams or features located on the property that do not appear on the maps referenced above but may be considered jurisdictional according to the US Army Corps of Engineers and subject to the Clean Water Act. Please note that Jennifer Burdette and Mac Haupt with the DWR Central Office conducted onsite determination of these reaches as provided in regulatory correspondence dated May 3, 2017. Your letter dated May 25, 2017 requested an appeal of the previous intermittent determinations on UT 2 and UT 15. This determination shall replace the determination originally performed by Central Office, DWR staff and shall expire five (5) years from the date of this letter. Landowners or affected parties that dispute a determination made by the DWR may request a determination by the Director. An appeal request must be made within sixty (60) calendar days of date of this letter to the Director in writing. If sending via US Postal Service: c/o Karen Higgins DWR — 401 & Buffer Permitting Unit 1617 Mail Service Center Raleigh, NC 27699-1617 If sending via delivery service (UPS, FedEx, etc.): clo Karen Higgins DWR — 401 & Buffer Permitting Unit 512 N. Salisbury Street Raleigh, NC 27604 This determination is final and binding as detailed above, unless an appeal is requested within sixty (60) days. This determination only addresses the applicability to the buffer rules and does not approve any activity within the buffers. The project may require a Section 404/401 Permit for the proposed activity. Any inquiries regarding applicability to the Clean Water Act should be directed to the US Army Corps of Engineers Raleigh Regulatory Field Office at (919) 554-4884. If you have questions regarding this determination, please feel free to contact Anthony Scarbraugh at (252) 948- 3924. Sincerely, �6UD -07) David May, Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ cc: Franklin Wilson, P 0 Box 1359, Wilkesboro, NC 28697 WaRO DWR File Copy LASERFICHE RRO DWR File Filename: 16171V2_WilsonFarmMitigationSite(Edgecombe)_TAR_AppealStreamDet.docx °�.. Dlriai011 at Ylh�► ilea rar+ M1nl ". a/kl q q VVWIIL VIGGn Mitigation Site Edgecombe County, North Carolir 570 1,140 Fee s rs1 Swift Creek Mitigation Site Edgecombe County, North Carolina 0 600 1,200 Feet