20130775 Ver 1_Buffer Determination_20130808

August 2, 2013
Edwards 011ie White Trust
Attn: Mr. Shawn Lemond
442 South Main Street
Davidson, NC 28036
Resources
John E. Skvarla, III
Secretary
DWQ # 13 -0775
Lenoir County
Subject Property: Kinston Solar
UTs to Briery Branch, Briery Branch and Taylor Branch, Neuse River Basin
On -Site Determination for Applicability to the Neuse River Riparian Area Protection Rules (15A NCAC 2B
.0233)
Dear Mr. Lemond:
On August 2, 2013, at your request Anthony Scarbraugh conducted an on -site determinations to review
unnamed tributaries (UTs) to Briery Branch and tributaries known as Briery Branch and Taylors Branch
located on the subject property for applicability to the Neuse Buffer Rules (15A NCAC 2B .0233). The
features are labeled as "13 -0775 A, 13 -0775 B, 13 -0775 C, and 13 -0775 D" on the attached maps
initialed by Mr. Scarbraugh on August 2, 2013. The project is located on the southeastern corner of
Dobbs Farm Road and Rouse Road in Kinston, Lenoir County, NC.
At your request, Mr. Scarbraugh conducted on -site determinations as stated above. During his review,
he evaluated the features using the DWR Stream Classification Form. He evaluated the stream reach 13-
0775 A at N 35.30780, W 77.61069 and calculated the score to be 16.25 points. Please note the feature
above this point evidence was found that the feature was 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. He evaluated the stream reach 13 -0775 B at N 35.30596, W 77.61294 and
calculated the score to be 35.75 points. He evaluated the stream reach 13 -0775 C at N 35.30522, W
77.61303 and calculated the score to be 0 points. The feature was not present. He evaluated the
stream reach 13 -0775 D at N 35.30003, W 77.61414 and calculated the score to be 32.5 points. The
form states that if the score is "greater than or equal to 19 points the stream is at least intermittent.
The Division of Water Resources (DWR) has determined that the portion of the features labeled as
"13 -0775 A and 13 -0765 C on the attached maps, and highlighted in red is not subject to the Neuse
North Carolina Division of Water Resources
943 Washington Square Mall
Washington, NC 27889
Phone: [phone] FAX: 252 - 946 -9215
Internet: www.ncwaterguality.org
An Equal Opportunity 1 Affirmative Action Employer
No thCarolina
Naturally

Page 2 of 2
Buffer Rules. The portion of the features labeled as "13 -0775 B and 13 -0775 D" on the attached maps,
and highlighted in blue is subject to the Neuse Buffer Rules. The features 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.
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, 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 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,
arl a s
For Tom Reeder
Attachments: USGS Topographic 1:24,000 Quadrangle Map "Kinston"
copy of page, 1977 version of Lenoir County Soil Survey
cc: DWQ Webscape Unit
File Copy
Jay Keller, Keller Environmental,
7921 Haymarket Lane, Raleigh, NC 27615
Filename 13 -0775

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