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HomeMy WebLinkAbout20070051 Ver 1_Buffer Determination_20070122::, WAT F ~' .: ~~ . ~~ O Michael F. Easley, Governor G ~ ' om William G. Ross Jr., Secretary ~ t -- North Carolina Department of Environment and Natural Resources ~.~ p , ^~ Alan W. Klimek, P.E. Director Division of Water Quality January 22, 2007 DWQ EXP# 07-0051 Granville County Mr. Tommy Cousins Kimley-Horn and Associates, Inc Suite 300 4651 Charlotte Park Drive - "` '` Charlotte, NC 28217 Subject Property: Wal-mart Store 570400, Creedmoor, NC On-Site Determination for Applicability to the Neuse Riparian Area Protection Rules (15A NCAC 2B .0233) On January 8, 2007, at your request, an on-site determination was conducted to review four stream features located on the subject property for;applicability to the Neuse Buffer Rules (15A NCAC 2B .0233). The three features that are subject to the Neuse Buffer Rule are labeled as "Stream 1 ", "Stream 4", and "Stream 5" on the attached map, initialed by Amy Chapman on January 22, 2007. The Division of Water Quality (DWQ) has determined that the following: • Feature "Stream 1"you did not dispute as perennial and does show on the Granville County Soil Survey, and is therefore subject to the Neuse Buffer Rule. • Feature "Stream 2" is an intermittent stream, but does not show on the USGS Topo map or Granville County Soil Survey map and is therefore not subject to the Neuse Buffer Rule from the flag labeled "Stream 2" (N 873124,E 2082537). • Feature "Stream 3" is a perennial stream but does not show on the USGS Topo map or Granville County Soil Survey map and is therefore not subL to the Neuse Buffer Rule from the flag labeled "Begin Perennial" (N 873052,E 2082580) and ends at the flag labeled, "Stop Stream 3" (N 872941, E2082512). • Feature "Stream 4" is a perennial stream and is therefore subject to the Neuse Buffer Rule from the flag labeled "Start Stream 4" (1V 871891,E 2082488). • Feature "Stream 'S" is at least an intermittent stream and is therefore subject to the Neuse Buffer Rule from (N 872761,E 2081840) and ends at (N 873113,E 2082252). 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 DWQ 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 Cyndi Karoly, DWQ 401 Oversight/Express Review Permitting Unit, 2321 Crabtree Blvd., Raleigh, NC 27604-2260. 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. 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. IVQ~`tttCarolina 401 Oversight /Express Review Permitting Unit tj~ttr(j~~Jf 1650 Mail Service Center, Raleigh, North Carolina 27699-1650 2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604 Phone: 919-733-1786 /FAX 919-733-6893 / Internet: http://h2o.enr.state.nc.us/ncwetlands An Equal Opportunity/Affirmative Action Employer - 50% Recycled/10% Post Consumer Paper Tommy Cousin ' . `Page 2 oft January 22,, 2007 Nor does this letter approve any activity within Waters of the United States or Waters of the State. If you have any questions, please contact Amy Chapman at 919.715.6823. AWK/cbk/asc Attachments: MRCS Soil Survey Map Sincerely, 1~~ Alan W. Klimek, P.E. cc: Mike Horan, DWQ, Raleigh Regional Office File Copy Central Files File Name: 070051 Wal-MartStore5704-OOCreedmoor(Granville)DET '"" ` CrB t , ~;, ~ /J ` °~ u.~UThI~~ R Cfg B ~° r UrC ~' /~- ~Y ~~ € ?~hA ~ ~" ~ ~T { B A f'~~ ~ .. I ~`. /_ f : V ~' ~• ,+ ,~ r ~ MaB~,. ; rF3 -~ it C r "~ f trP' aF A' ~ ~ Cry' ` .'.~ r .s~ MaE W iint,~~ I /_ake Rnye~-s e ,' `'1"~ ;l(, ~ -~-- ~ 1r ~Z X07 f~ ~~