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Home My WebLink About20140486 Ver 2_Stream Call UT2C_20190124ROY COOPER Governor MICHAEL S. REGAN Secretary LINDA CULPEPPER Director NORTH CAROLINA Environmental Quality January 24, 2019 Connie H. and Paul A. Feige DWR Project #20140486 Version 2 Resource Environmental Solutions Wayne County 16110 Turnburg Oak Drive Odessa, FL 33556 Subject: On -Site Stream Evaluation and Determination for Applicability to the Neuse River Riparian Buffer Rules (15A NCAC 02B.0233) and Water Quality Standards Project Name: Hollowell Mitigation Site Address/Location: 1821-2161 Stevens Mill Road, Grantham, NC Lat. 35.345616, Long -78.115281 Parcel ID's: Wayne County PIN #2568057761 Stream Evaluated: 1 stream feature labeled as UT2C on the subject parcel PIN#2568057761 Field Date: January 11, 2019 DWR Staff: Shelton Sullivan 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) See the following table and written explanation regarding the stream determinations. DE North Carolina Department of Environmental Quafity I Division of Water Resources 512 North Salisbury Street 1 1617 Mail Service Center 1 Raleigh. North Carolina 27699-1617 919.707.9000 Water & Land Solutions, LLC Neuse River Riparian Buffer/Stream Determination DWR Project #20140486 V2 Page 2 of 3 Feature IDI Feature Type Not Subject Start@ Stop @ Soil USGS Subject Survey Topo UT2C Stream — X Flag labeled AA Flag labeled Not Not (see aerial Intermittent (1) START AA END (see shown shown map) (see photo and photo and aerial map) aerial map) See maps provided showing labeled features 2 Ephemeral (E), Intermittent (1), Perennial (P), Ditch (D) The Division of Water Resources (DWR) received a Request for Site Viability Assessment of the Hollowell Mitigation Site. On January 11, 2019, DWR staff, along with the consultant and consultant representative, conducted a site visit to gather information regarding the viability of the site. During the site visit, the consultant requested that DWR observe and evaluate a feature on the property labeled as UT2C. DWR determined that this feature, UT2C, is an intermittent stream feature and has a start and stop location along the feature. The start and stop point were flagged and pictures of these locations are attached and are labeled on the aerial map provided by the consultant. However, UT2C is not subject to the Neuse River Riparian Buffer Rules since it is not located on the most recently published NRCS Soil Survey of Wayne County, North Carolina, and not shown on the most recent copy of the USGS Topographic map at a 1: 24,000 scale. This stream determination is addition to the determination letter dated July 3, 2014, Project # 14-0486, attached for your reference. There may be other streams or features located on the properties and on the included maps that may be subject to the buffer rules or 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 bythe 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. Water & Land Solutions, LLC Neuse River Riparian Buffer/Stream Determination DWR Project #20140486 V2 Page 3 of 3 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 (919) 707-3636. Sincerely, Karen Higgins, Supervisor 401 & Buffer Permitting Branch Attachments: Maps; Photos by DWR; On -Site Determination DWQ # 14-0486 dated July 3, 2014. cc: Cara Conder, Water & Land Solutions, LLC, cara@waterlandsolutions.com George Lankford, Soil Scientist, glankford9l@gmail.com 401 & Buffer Permitting Branch file copy DWR WARO via email Filename: 20140486V2 Hollowell Stream Call UT2C.docx �/ � � F Yea � r �� ,�'"r 4f FA LU CY)61 0 0 00 AWL L-7 0 . Aoom%ft2 2 I Ito a� 1 in c o � a, W 3coN OUO) n N � f � 0 . Aoom%ft2 2 I Ito Hollowell Mitigation Site 1-11-19 NRCS Soil Survey for Wayne County, NC Feature UT2C Not Shown. (loins sheet IS) nt[n � '. Shelton Sullivan, DWR Arj�p NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor July 3, 2014 Debra and George Grantham 1447 Falling Creek Church Road Goldsboro, NC 27530 Subject Property: Hollowell Mitigation Bank UTs to Neuse River, Neuse River Basin John E. Rvarla, III Secretary DWQ # 14-0486 Wayne County On -Site Determination for Applicability to the Neuse River Riparian Area Protection Rules (15A NCAC 2B .0233) Dear Mr. and Mrs. Grantham: On June 3, 2014 and July 2, 2014, at your request of your consultant Mr. Ward Ellis of Restoration Systems, LLC, Anthony Scarbraugh conducted an on-site determinations to review unnamed tributaries (UTs) to Neuse River located on the subject property for applicability to the Neuse Buffer Rules (15A NCAC 2B .0233). The features are labeled as "14-0486 A through 14-0486 D" on the attached maps initialed by Mr. Scarbraugh on July 3, 2014. The project is located approximately 0.55 mile north of the intersection of Stevens Mill Road and James Hinson Road in Wayne County. At your request, Mr. Scarbraugh conducted on-site determinations as stated above. During his review, he evaluated the streams using the DWR Stream Classification Form. He evaluated the stream reach 14-0486 A at N 35.35348, W 78.11549 and calculated the score to be 21.25 points. He evaluated the stream reach 14-0486 B at N 35.35349, W 78.11686 and calculated the score to be 21.25 points. He evaluated the stream reach 14-0486 C at N 35.35168, W 78.12599 and calculated the score to be 19.75 points. The form states that if the score is "greater than or equal to 19 points the stream is at least intermittent." Please note, he evaluated the stream reach 14-0486 D at N 35.36162, W 78.11925 and calculated the score to be 21 points. However, the feature 14-0486 D was not present on either the most recent of the soil survey map prepared by the NRCS US Department of Agriculture or the most recent version of the 1:24,000 scale (7.5 minute) quadrangle topographic maps prepared by the US Geological Survey. In accordance with 15A NCAC 2B.0233(3) which states that riparian buffers adjacent to surface waters that do not appear on either of the maps shall not be subject to this Rule. The DWR has determined that the portion of the features labeled as "14-0486 A, 14-0486 B and 14-0486 C" on the attached maps, and highlighted in blue are subject to the Neuse Buffer Rules. The portion of feature labeled as"14-0486 D" and highlighted in red is not subject to the Neuse Buffer Rules. The features and the associated buffers should be identified on any future plans for this property. The owner (or future owners) should notify the DWR (and other relevant agencies) of this decision in any future Division of Water Resources - Water Quality Regional Operations Section - Washington Regional Office 943 Washington Square Mall, Washington, NC 27889 Phone: 252-946-6481 l Fax: 252-975-37161 Internet: www.ncdenr.gov An Equal Ovoortudty 1 Atrmnative Aetion Emdover — Made in Part by recyded paper correspondences concerning this property. This on-site determination shall expire five (5) years from the date of this letter. The owner (or future owners) should notify the DWR (and other relevant agencies) of this decision in any future correspondences concerning this property. 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 or Delegated Local Authority that a surface water exists and that it is subject to the buffer rule may request a determination by the Director. A request for a determination by the Director shall be referred to the Director in writing c/o Karen Higgins, DWR 401 & Buffer Permitting Unit, 1617 Mail Service Center, Raleigh, NC 27699-1650. Individuals that dispute a determination by the DWR or Delegated Local Authority that "exempts" a surface water from the buffer rule may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. Applicants are hereby notified that the 60 -day statutory appeal time does not start until the affected party (including downstream and adjacent landowners) is notified of this decision. DWR recommends that the applicant conduct this notification in order to be certain that third party appeals are made in a timely manner. To ask for a hearing, send a written petition, which conforms to Chapter 1508 of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699-6714. This determination is final and binding unless you ask for a hearing within 60 days. This letter only addresses the applicability to the buffer rules and does not approve any activity within the buffers. Nor does this letter approve any activity within Waters of the United States or Waters of the State. If you have any additional questions or require additional information please call Anthony Scarbraugh in the Washington Regional Office at (252) 948-3924. Sincerely, Robert Tankard, Assistant Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDENR Attachments: USGS Topographic 1:24,000 Quadrangle Map "Grantham" copy of sheets 18 and 24, 1974 version of Wayne County Soil Survey cc: DWR 401 & Buffer Permitting Unit File Copy Ward Ellis, Restoration Systems, LLC, 1101 Haynes Street, Suite -211, Raleigh, NC 27604 Katie Merritt, DWR 401 & Buffer Permitting Unit Filename 14-0486 1 107p* PI)OW!W 1 1 107 rTo",w 078 - MVI), ;jt j h,,+ R wow Aftedt V, P"y . Ae 1�4A g Aroximate locatio pp of 14-0486 D 14-0486 A Z- S 14-0486 C Pr, Z - IN Magrwk Dedution % ........... SCALE 1.12000 0 100 200 300 400 500 e0o 700 800 900 YARDS 0 low 2000 FEET 0 WD 200 300 400 500 GM 700 soo METERS 9* w 78. Kef Le: fo Rn7 . R + S Co- f KsY ; co Po. e'''�A ..•'`' ' . � _ ;�� x�' � :� rKb :: c'° E3o ..w ' app T3 <•' Y r 5 Kn Ra MeaC ..v r. ! wa , Jo G� CrC2 � ac Tr r vv �. 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