20131056 Ver 1_Stream Call Letter_20131008

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NCDENR
North Carolina Department of Environment and
Division of Water Resources
Water Quality Programs
Pat McCrory Thomas A. Reeder
Governor Director
October 8, 2013
Langston Farms, LLC
c/o D.G. Nichols Agency, Inc.
204 East Arlington Boulevard, Suite B
Greenville, NC 27858
Subject Property: Wal -Mart Store #86390
UT to Fork Swamp, Neuse River Basin
Natural Resources
John E.'Skvarla, III
Secretary
DWQ # 13 -1056
Pitt County
On -Site Determination for Applicability to the Neuse River Riparian Area Protection Rules (15A NCAC 2B
.0233)
To Whom It May Concern:
On October 7, 2013, at your request Anthony Scarbraugh conducted an on -site determination to review
unnamed tributary (UT) to Fork Swamp located on the subject property for applicability to the Neuse
Buffer Rules (15A NCAC 2B .0233). The feature is labeled as "13- 1056" on the attached map initialed by
Mr. Scarbraugh on October 8, 2013. The project is located approximately 0.35 miles southeast of the
intersection of Regency Boulevard and South Memorial Drive in Greenville, Pitt County, NC.
At your request, Mr. Scarbraugh conducted on -site determination as stated above. During his review,
he evaluated the stream using the DWR Stream Classification Form. He evaluated the stream reach 13-
1056 at N 35.55781, W 77.39898 and found evidence that this is a man -made feature not constructed
for the purposes of navigational access. North Carolina Administrative Code 15A NCAC 02B .0233
(3)(a)(i) exempts ditches and manmade conveyances other than modified natural streams unless
constructed for navigation or boat access.
The Division of Water Resources (DWR) has determined that the portion of the feature labeled as "13-
1056" on the attached map, and highlighted in red is not subject to the Neuse Buffer Rules. The
feature and its 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
correspondences concerning this property. This on -site determination shall expire five (5) years from
the date of this letter.
Water Quality Section
943 Washington Square Mall, Washington, North Carolina 27899
Phone: [phone] FAX: [phone]
Internet:w .ncvvater.org
An Equal Opportunity 1 Affirmative Action Employer

Langston Farms, LLC
D.G. Nichols Agency, Inc.
Stream Determination
October 8, 2013
Page 2 of 2
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, 1650 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 150B 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,
AmyAdam�
Assistant Regional Supervisor
DWR Washington Regional Office
Attachment: copy of page, 1974 version of Pitt County Soil Survey
cc: DWR 401 & Buffer Permitting Unit
File Copy
Walter Cole, S &ME, Inc., 3201 Spring Forest Road, Raleigh, NC 27616
Filename 13 -1056

MAP
SOIL SURVEY, SHEET 49, ISSUED
NOVEMBER 1974.
x
1" =1320 FICURENO.
SEPT. 2013
*S&ME
SOIL SURVEY MAP
Y` BTR PROPOSED WALMART STORE #86390
WWW.SMEINC.COM S MEMORIAL DR & REGENCY BLVD
NO: NC ENGINEER LICENSE 8F•0176 GREENVILLE, PITT CO., NORTH CAROLINA -
1054-13-307C 3201 SPRING FOREST RD, RALEIGH. NC 27618