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Home My WebLink About20140202 Ver 1_Stream Call Letter_20140225�e�� I�ILrDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder John E. Skvarla, III Governor Director Secretary March 13, 2014 DWQ # 14 -0202 Wayne County WKTL, LLC Attn: Mr. Tim Haithcock 126 Fairmax Road Goldsboro, NC 27534 Subject Property: Wal -Mart Store # 86426 UT to Walnut Creek, Neuse River Basin On -Site Determination for Applicability to the Neuse River Riparian Area Protection Rules (15A NCAC 2B .0233) Dear Mr. Haithcock: On March 10, 2014, at your request Anthony Scarbraugh conducted an on -site determination to review unnamed tributary (UT) to Walnut Creek located on the subject property for applicability to the Neuse Buffer Rules (15A NCAC 2B .0233). The feature is labeled as "14- 0202" on the attached map initialed by Mr. Scarbraugh on March 13, 2014. The project is located at southeast of the intersection of US Highway 70 and NC Highway 111 in Goldsboro, Wayne County. 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 14- 0202 at N 35.34476, W 77.91826 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 .0259 (3)(a)(i) exempts ditches and manmade conveyances other than modified natural streams unless constructed for navigation or boat access. The DWR has determined that the portion of the feature labeled as "14- 0202" 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 Regional operations Section - 943 Washington Square Mall, Washington, North Carolina 27899 Phone: 252- 946 -64811 FAX: 252- 975 -3716 Internet: mm.nmater.oro An Equal Opportunity 1 Affirmative Action Employer WTKL, LLC Attn: Mr. Tim Haithcock DWR # 14 -0202 Stream Determination 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, ,- tG. �^ David May, P Regional Supervisor DWR Water Quality Section Washington Regional Office Attachment: USGS Topographic 1:24,000 Quadrangle Map "Goldsboro SE" cc: DWR 401 & Buffer Permitting Unit ^ File Copy Walter Cole, S &ME, Inc., 3201 Spring Forest Road, Raleigh, NC 27616 Filename 13 -1306 CopydgM (C) ISM, Meptech, Inc. on° w on° 6 ^w If w • co • : ; �,• 3.07 yN r • Z— FmcHitV KNO ` 14 -0202 70 ,72� , 1 ' New - Hope F- sJa�is • ' Elp.1 • N % • � ' • 1 •� N 3 i 1 • %2 ( f • ( 1725 i 1961 Magnetic Declination 4 � ra ler Park N . •. �� \ N SCALE 1:12000 0 10D 200 300 400 600 OW 700 800 800 YARDS 0 1000 2000 FEET 0 100 200 300 .OD 600 SOD 700 SOD METERS s° w 0 0 0 CopydgM (C) ISM, Meptech, Inc.