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Home My WebLink About20131192 Ver 1_Stream Call Letter_20131113LWKWA �� NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder Governor Director December 4, 2013 Peggy White 1949 White Hollow Drive Greenville, NC 27858 Subject Property: Bethel Solar, LLC UT to Grindle Creek, Tar - Pamlico River Basin John E. Skvarla, III Secretary DWQ # 13 -1192 Pitt County On -Site Determination for Applicability to the Tar - Pamlico River Riparian Area Protection Rules (15A NCAC 2B .0259) Dear Mrs. White: On December 2, 2013, at your request Anthony Scarbraugh conducted an on -site determination to review an unnamed tributary (UT) to Grindle Creek located on the subject property for applicability to the Tar - Pamlico Buffer Rules (15A NCAC 2B .0259). The feature is labeled as "13- 1192" on the attached map initialed by Mr. Scarbraugh on December 4, 2013. The project is located at 341 Price Road near the town of Bethel, Pitt County. At your request, Mr. Scarbraugh conducted an on -site determination as stated above. During his review, he evaluated the stream using the DWR Stream Classification Form. He evaluated the stream reach at 13 -1192 at N 35.79220, W 77.38225 and found evidence that these feature is 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 Division of Water Resources (DWR) has determined that the portion of the feature labeled as "13- 1192" on the attached map, and highlighted in red is not subject to the Tar - Pamlico 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 Oualiry Regional Operations Section 943 Washington Square Mall, Washington, North Carolina 27899 Phone: 252- 946 -64811 FAX: 252- 975 -3716 Internet www.ncwater.org An Equal Opportunity 1 Alfirmatire Action Employer Peggy White DWR # 13 -1192 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 parry (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, A' w4d David May, P.G. Regional Supervisor DWR Water Quality Regional Operations Section Washington Regional Office Attachment: copy of page, 1974 version of Pitt County Soil Survey cc: DWR 401 & Buffer Permitting Unit File Copy Paul Pascarosa, ECS Carolinas, LLP, 7211 Ogden Business Park, Suite 201, Wilmington, NC 28405 Filename 13 -1192 OLINA — SHEET NUMBER 2 2485000 FEET ' AYB2 AYA Ba n . a r \ - • -. i 'EzB '0 E- fi ExA Fg -.- Ly ExA^ n E:x rvi ,�`/ i • loA CO NrB AyB NrA .• -• ly •-ExA / ^ Ly xa NrA It OI'• � u J.� ExA __�' 1a - "tip iNE•w. _ � - C9�,� ' � UA E _ • 7 6, 1 r; ��„ yt!;�:, `fxA crM1• a EXA s Goa - y� � rj F � �• aJ I�'.. ' \ \\ af1 f Co EzA_2 �� ExA uo Cr r�G.A Nr !Qt • o Y NA T- ExA ;CtB2 i 'e c SLY- SxA GOB EzA P xB: _ - •@aJMEL CEM EF •, y � � P GOA ExB I NSA NrA EaB ErA CD } j' •GOA Ci 4 EE " , W LY • i, c EzA Nr8 = q� Nr82 g �WaB CB A86 ' ExB �Vaa it ExA `Fea4 i `.. GoA GOB L LY FIA o, s Tu Ex A Co t7 I OcB - _ x .I CO tE Ez .. '•