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Home My WebLink About20230171v2_BuildersBargainCenter_Wayne North Carolina Department of Environmental Quality Division of Water Resources 512 North Salisbury Street 1617 Mail Service Center Raleigh, North Carolina 27699-1617 919.707.9000 April 14, 2023 DWR Project # 20230171 v2 Wayne County Builders Bargain Center Kinston Inc. 1325 East New Bern Road Kinston, NC 28501-9501 Subject: Appeal Determination for Applicability to the Neuse Buffer Rules (15A NCAC 02B .0714) Project: Builders Bargain Center Site Address: S. Beston Road, La Grange Location: Lat., Long: 35.307329, -77.847291 Dear Mr. Perry: On April 4, 2023, the Division of Water Resources (DWR) received a request from Soil and Environmental Consultants, PA on behalf of Builders Bargain Center Kinston Inc, to appeal an on-site Buffer Determination for Feature 4 made by the DWR as provided in 15A NCAC 02B .0714 (4) of the Neuse Buffer Rules. On April 14, 2023, Stephanie Goss of DWR conducted an on-site inspection of the feature(s) on the subject site to determine applicability to the Neuse Buffer Rules 15A NCAC 02B .0714. The enclosed map(s) depict the feature(s) evaluated and this information is also summarized in the table below. Features were evaluated for being ephemeral, at least intermittent, and for subjectivity to the referenced regulations. Streams or features that are considered “Subject” have been located on the most recently published County NRCS Soil Survey and/or the most recent copy of the USGS Topographic (at 1:24,000 scale) map(s), have been located on the ground at the site, and possess characteristics that qualify them to be at least intermittent. Features that are considered “Not Subject” have been determined to not be at least intermittent streams, not present on the property, or not depicted on the required maps. This letter only addresses the applicability of the stated regulations on the features identified on the subject property and/or within the proposed project area. This letter does not approve any activity within buffers or within waters of the state. There may be other regulated waters, streams or other features located on the property or adjacent property that do not appear on the maps referenced above. Any waters, streams, or other features on the site, including the features identified in this letter, may be considered jurisdictional according to the US Army Corps of Engineers and subject to the Clean Water Act. Please note that the DWR acknowledges all areas and boundaries identified by the US Army Corps of Engineers as jurisdictional waters and/or wetlands. Page 2 of 3 Bargain Builders Center Site DWR # 20230171 v2 The following table lists the features observed and evaluated for the appeal determination during the DWR site visit. See the attached maps for reference. Table 1: Features observed by DWR. (See Maps) Feature ID Feature Type: stream (ephemeral, intermittent, perennial), ditch, swale, wetland, other Subject to Buffer Rules Start @ Stop @ Depicted on Soil Survey Depicted on USGS Topo A Ditch No Throughout property boundary Yes Yes This appeal determination Feature A replaces the determination for Feature 4 originally performed by the Division as documented in their letter dated March 7, 2023, attached for reference. This appeal determination shall expire five years from the date of this letter. This appeal determination is final and binding and can be contested as provided in Chapter 150B of the North Carolina General Statutes by filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set forth in Chapter 150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code. Additional information regarding requirements for filing a Petition and Petition forms may be accessed at http://www.ncoah.com/ or by calling the OAH Clerk’s Office at (919) 431-3000. A party filing a Petition must serve a copy of the Petition on: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 This letter only addresses the applicability of the stated regulations on the features identified on the subject property and/or within the proposed project area. This letter does not approve any activity within buffers or within waters of the state. There may be other regulated waters, streams or other features located on the property or adjacent property that do not appear on the maps referenced above. Any waters, streams, or other features on the site, including the features identified in this letter, may be considered jurisdictional according to the US Army Corps of Engineers and subject to the Clean Water Act. Please note that the DWR acknowledges all areas and boundaries identified by the US Army Corps of Engineers as jurisdictional waters and/or wetlands. Page 3 of 3 Bargain Builders Center Site DWR # 20230171 v2 Any inquiries regarding applicability to Section 404 of the Clean Water Act should be directed to the US Army Corps of Engineers Washington Regulatory Field Office at (910) 251-4558. If you have any additional questions or require additional information, please call Stephanie Goss with the DWR at (919) 707-9013 or stephanie.goss@ncdenr.gov. Sincerely, Stephanie Goss, Supervisor 401 & Buffer Permitting Branch Attachments: NRCS Soil Survey, USGS Topographical Map cc: 401 & Buffer Permitting Branch project file Paul Nyarko, Washington Regional Office, via email Steven Ball, Soil and Environmental Consultants, PA, via email Filename: 20230171 v2_Appeal Decision_Builders Bargain Center Site_Wayne County NC Center for Geographic Information & AnalysisProject Number: SBProject Manager: 1" = 1000'Scale: 01/03/2023Date: Map Title: Source: Figure 1 - USGS Map Wayne County, NC USGS Wayne CountyLa Grange 2019 Quad ¯0 1,000 2,000 Feet 15536.W1-W4 A Project Number: SB Project Manager: 1" = 1000'Scale: 01/04/2023Date: Map Title: Source: Figure 2 - Soil Survey Map Builders Bargain Center Wayne County, NC Soil Survey Sheet No. 27 & 33 ¯0 1,000 2,000 Feet 15536.W1-W4 A North Carolina Department of Environmental Quality Division of Water Resources 512 North Salisbury Street 1611 Mail Service Center Raleigh, North Carolina 27699-1611 919.707.9000 March 7, 2023 Project # 20230171 v1 Wayne County Builders Bargain Center of Kinston South Beston Road Subject: On-Site Determination for Applicability Neuse Riparian Buffer Rules (15A NCAC 02B.0714) Subject Property/Project Name: Builders Bargin Center Address / Location: 35.307329 -77.847291 Responsible Party: David Perry Feature(s) Evaluated (4): Feature 1,2,3 & 4. Determination Date: 03/04/2023 Staff: Paul Nyarko Determination Type: Applicability to Neuse Riparian Buffer Rules (15A NCAC 02B .0714) Buffer: Feature: X - Neuse (15A NCAC 02B .0714) - Tar-Pamlico (15A NCAC 02B .0734) - Catawba (15A NCAC 02B .0614) - Jordan (15A NCAC 02B .0267) (governmental and/or interjurisdictional projects) - Randleman (15A NCAC 02B .0724) - Goose Creek (15A NCAC 02B .0605-.0608) X – Ephemeral/ Intermittent/Perennial /Ditch/ Not Present - Determination North Carolina Department of Environmental Quality Division of Water Resources 512 North Salisbury Street 1611 Mail Service Center Raleigh, North Carolina 27699-1611 919.707.9000 *Ephemeral / Intermittent / Perennial / Ditch / Not Present / Unmapped/ Wetland Dear Mr. Perry, The Division of Water Resources has determined that the streams listed as “subject” above and included on the attached map have been located on the most recent published (1974) NRCS Soil Survey of Wayne County, North Carolina and/or the web based Digital USGS National Topographic Map https://experience.arcgis.com/experience/a16078049de54d42a2bc384b9ceda91f https://apps.nationalmap.gov/viewer/ and evaluated for applicability to the Neuse River Basin Riparian Buffer Rules (15A NCAC 02B .0714). For each stream that is checked “Not Subject” it has been determined to not be at least intermittent, not present on the property, a wetland area, ditch or not represented on the most recent published (1974) NRCS Soil Survey of Wayne County, North Carolina and/or the Digital USGS National Topographic Map at a scale of 1:24,000 or less. There may be other streams or features located on the property that were not assessed and/or 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 date of this letter to the Director in writing. If sending via US Postal Service: c/o Acting Supervisor DWR – 401 & Buffer Permitting Unit 1617 Mail Service Center Raleigh, NC 27699-1617 If sending via delivery service (UPS, FedEx, etc.): c/o Acting Supervisor DWR – 401 & Buffer Permitting Unit 512 N. Salisbury Street 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 or waters. The project may require a Section 404/401 Permit for the Feature E/I/P/D /NP/U* /W Not Subject Subject Start@ Stop@ Soil Survey USGS Topo Feature 1 D X 35.308436 -77.845674 CULVERT X X Feature 2 E X CULVERT WETLAND X X Feature 3 W X WETLANDS 35.306803 -77.845773 X X Feature 4 I X 35.306803 -77.845773 35.306480 -77.845846 X X North Carolina Department of Environmental Quality Division of Water Resources 512 North Salisbury Street 1611 Mail Service Center Raleigh, North Carolina 27699-1611 919.707.9000 proposed activity. Any inquiries regarding applicability to the Clean Water Act should be directed to the US Army Corps of Engineers Washington Regulatory Field Office at 2407 W 5th St, Washington, NC 27889, (910) 251-4558. If you have questions regarding this determination, please feel free to contact Paul Nyarko at (252) 948-3845. Sincerely, Robert Tankard, Assistant Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ cc: WaRO DWR File Copy/LASERFICHE Emily Thompson, USACE Washington Regulatory Field Office emily.b.thompson@usace.army.mil Randall Jones, Land Resources Randall.Jones@ncdenr.gov Kevin Murphrey, kmurphrey@sandec.com North Carolina Department of Environmental Quality Division of Water Resources 512 North Salisbury Street 1611 Mail Service Center Raleigh, North Carolina 27699-1611 919.707.9000 North Carolina Department of Environmental Quality Division of Water Resources 512 North Salisbury Street 1611 Mail Service Center Raleigh, North Carolina 27699-1611 919.707.9000 North Carolina Department of Environmental Quality Division of Water Resources 512 North Salisbury Street 1611 Mail Service Center Raleigh, North Carolina 27699-1611 919.707.9000