20161248 Ver 2_Buffer and/or Stream Determination_20170823

Water Resources
ENVIRONMENTAL QUALITY
August 23, 2017
EBX-Neuse I, LLC
412 N 41h Street, Suite 300
Baton Rouge, LA 70802
ROY COOPER
<;: ,
MICHAEL S. REGAN
S. JAY ZIMMERMAN
DWR Project #16-1248 V2
Johnston County
Subject: On -Site Determination for Applicability to the Neuse River Riparian Buffer Rules and
Water Quality Standards (15A NCAC 026.0233)
Subject Property/ Project Name: Blackbird Mitigation Site (John K. Swamp / Mill Branch)
Address/Location: 9362 NC 96, Benson NC
Stream(s) Evaluated: John K. Swamp, Mill Branch, and UTs to John K. Swamp
Determination Date: July 31, 2017
DWR Staff: Shelton Sullivan
Determination Type
Buffer
Stream
® Neuse (15A NCAC 02B.0233)
® Intermittent/Perennial Determination (where
❑ Tar -Pamlico (15A NCAC 02B .0259)
local buffer ordinances apply)
❑ Catawba (15A NCAC 02B.0243)
❑ Jordan (15A NCAC 02B .0267) (governmental
and/or interjurisdictional projects)
❑ Randleman (15A NCAC 02B.0250)
❑ Goose Creek (15A NCAC 02B.0605-.0608)
Please see the following table and written explanation regarding the stream
determinations.
State of North Carolina I Environmental Quality I Water Resources
1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919 807 6300

Resource Environmental Solutions
Neuse River Riparian Buffer/Stream Determination
DWR Project #16-1248 V2
Page 2 of 3
Feature IDI
Feature Type
Not
Subject
Start@
Stop@
Soil
USGS
Subject
Survey
Topo
John K.
Stream (P)
X
Upper
Property
X
X
Swamp
Property
Boundary at
Boundary
Dam Breach
Mill Branch
Stream (P)
X
Property
Confluence
X
X
Boundary
with John K.
Swamp
UT 1
Ephemeral
X
Property
Confluence
Boundary
with John K.
Swamp
UT 2
Stream (1)
X
Property
Confluence
X
X
Boundary
with John K.
Swamp
UT 3
Stream (P)
X
Property
Confluence
X
X
Boundary
with John K.
Swamp
UT 4
Stream (P)
X
Property
Confluence
Boundary
with John K.
Swamp
UT 5
Not Present
X
Not Present
Not Present
@ Property
Boundary
UT 6
Stream (P)
X
Property
Confluence
X
X
(added in
Boundary
with John K.
field)
I
Swamp
I See maps provided with letter showing labeled features
Z Ephemeral (E), Intermittent (1), Perennial (P)
The Division of Water Resources has determined that some of the streams listed above have
been located on the most recently published NRCS Soil Survey ofJohnston County, North Carolina
and/or the most recent copy of the USGS Topographic map at a 1: 24,000 scale and were
evaluated for applicability to the Neuse River Basin Riparian Buffer Rule. Maps are provided with
this letter and were initialed by Shelton Sullivan on July 31, 2017. Each feature that is checked
"Not Subject" has been determined to not be at least intermittent or not present on the property
or not depicted on the required maps. 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 per the US Army Corps of Engineers and
subject to the Clean Water Act.

Resource Environmental Solutions
Neuse River Riparian Buffer/Stream Determination
DWR Project #16-1248 V2
Page 3 of 3
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: If sending via delivery service (UPS, FedEx, etc.):
c/o Karen Higgins % Karen Higgins
DWR — 401 & Buffer Permitting Branch DWR — 401 & Buffer Permitting Branch
1617 Mail Service Center 512 N. Salisbury Street
Raleigh, NC 2 7699-1 61 7 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 Shelton Sullivan at
[phone].
Sincerely,
Karen Higgins, Supervisor
401 & Buffer Permitting Branch
Attachments: USGS Topographic Map, Johnston County Soil Survey Map, and Aerials provided by
Resource Environmental Solutions
cc: Daniel Ingram, Resource Environmental Solutions, 302 Jefferson Street, Suite 110, Raleigh, NC 27605
401 & Buffer Permitting Branch - file copy
RRO DWR file
ICTVQ-
t2 -to
Filename: 20161LAtrb'i6 BlackbirdStreamCall_JohnstonCo 7-31-2017
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