20170950 Ver 1_Buffer and/or Stream Determination_20170815

Water Resources
ENVIRONMENTAL QUALITY
August 15, 2017
M. Darryl Lindley
1140 Moon Lindley Rd
Snow Camp, NC 27349
ROY COOPER
Governor
MICHAEL S. REGAN
secretary
S. JAY ZIMMERMAN
Director
DWR Project #17-0950
Chatham County
Subject: On -Site Determination for Applicability to the Jordan Buffer Rules and Water
Quality Standards (15A NCAC 02B .0267)
Subject Property/ Project Name: Bethel Branch Mitigation Bank Site
Address/Location: 1140 Moon Lindley Rd, Snow Camp, NC
Stream(s) Evaluated: UTs to South Fork Cane Creek
Determination Date: August 9, 2017 Staff: Niki Maher
Determination Type:
Buffer:
Stream:
❑ Neuse (15A NCAC 02B .0233)
® Ephemeral/Intermittent/Perennial
❑ Tar -Pamlico (15A NCAC 02B.0259)
Determination (where local buffer
❑ Catawba (15A NCAC 02B.0243)
ordinances apply)
® Jordan (15A NCAC 02B.0267) (governmental
and/or interjurisdictional projects)
❑ Randleman (15A NCAC 02B.0250)
❑ Goose Creek (15A NCAC 02B.0605-.0608)
State of North Carolina environmental Quality Water Resources
1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919 807 6300

M Darryl Lindley
Jordan Buffer/Stream Determination
DWR Project #17-0950
Page 2 of 3
Feature IDI
Feature
Type
Not Subject
Subject
Start@
Stop@
Soil
USGS
Survey
Topo
UT 1
P
✓
Easement/ property
Easement/ property
✓
✓
boundary
boundary
UT2
P
✓
Easement/ property
Easement/ property
✓
✓
boundary
boundary
UT3 above
pond
E
Easement boundary
Confluence w/ pond
V11
UT 3-
E
✓
Outfall of pond (dam
UT 3- Downstream
✓
Upstream
spillway overflow)
(tree cluster w/ flag)
UT 3-
Tree cluster w/ DWR
Downstream
I
✓
flag downstream of
Confluence w/ UT2
✓
pond (see map)
UT 4
E
Trees upstream of
Confluence w/ UT2
✓
c
confluence w/ UT2
UT 5
Not
✓
✓
present
(Not present)
UT 6
Not
I/✓
present
(Not present)
1 See maps provided with letter showing labeled features
z Ephemeral (E), Intermittent (1), Perennial (P)
The Division of Water Resources has determined that two of the streams and the downstream
portion of a third stream listed above have been located on the most recently published NRCS
Soil Survey of Chatham 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 Jordan Riparian
Buffer Rule. Maps are provided with this letter and were initialed by Niki Maher on August 10,
2017. Each feature 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.
This on-site determination 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 the date of this letter to the Director in writing.
If sending via US Postal Service:
c/o Karen Higgins
DWR — 401 & Buffer Permitting Branch
1617 Mail Service Center
Raleigh, NC 27699-1617
if sending via delivery service (UPS, FedEx, etc.):
clo Karen Higgins
DWR — 401 & Buffer Permitting Branch
512 N. Salisbury Street
Raleigh, NC 27604

M Darryl Lindley
Jordan Buffer/Stream Determination
DWR Project #17-0950
Page 3 of 3
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 Niki Maher at
[phone].
Sincerely,
Kar Higgins, Supervisor
401 & Buffer Permitting Branch
Attachments: USGS Topographic Map, Chatham County Soil Survey Map, and M Darryl
Lindley Bethel Branch Determination Aerial
cc: Andrea Eckardt, Wildlands Engineering Inc, via email: [e-mail]
401 & Buffer Permitting Branch file
RRO DWR file
Filename: 20170950DarrylLindley_BethelBrMitBank_JORDAN_StreamDet.docx

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M Darryl Lindley Bethel Branch Determination Aerial*
*Map initially provided by Wildlands Inc has been manipulated to reflect DWR determinations.
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