20150857 Ver 1_Buffer Determination_20150917

`ter
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
September 17, 2015
Mr. Brad Luckey, PEI
Post Office Box 128
Kernersville, NC 27285
Donald R. van der Vaart
Secretary
DWQ # 15 -0857
Wayne County
Subject Property: Highwater II Solar Farm
Neuse River Basin, Howell Branch, Stoney Creek, Neuse River [NEU 05, 27 -62; C,
NSW]
On -Site Determination for Applicability to the Neuse River Riparian Area Protection Rules (15A
NCAC 2B.0233)
Dear Mr. Luckey:
On August 16, 2015, at your request, Mr. Roberto Scheller of this Office conducted an on -site determination of
drainage features located at the subject property. The drainages were reviewed for applicability to the Neuse
Buffer Rules in accordance with (15A NCAC 213.0233). The features are labeled as 15 -0857 A, 15 -0857 B,
and 15 -0857 C' on the attached maps and initialed on August 16, 2015.
The Division of Water Resources (DWR) has determined that the features labeled as "15 -0857 A, 15-
0857 B, and 15 -0857 C ", as illustrated on the attached maps and highlighted in red, are not subject to
the Neuse Buffer Rules.
The subject features are as illustrated on the attached maps and marked on the ground with yellow DWQ
flagging.
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
Division of Water Resources — Water Quality Regional Operations Section — Washington Regional Office
943 Washington Square Mall, Washington, NC 27889
Phone: 252 - 946-64811 FAX: [phone]\ Internet: www,nodenr.gov
An Equal Opponunity 1 Affirmative Action Employer

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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
conducts 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 1506 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 Roberto Scheller in the
Washington Regional Office at (252) 948 -3940.
QSincerely,
Roberto L. Scheller
Senior Environmental Specialist
Division of Water Resources
Attachments: Wayne County Soil Survey map
NE Goldsboro, USGS Quad map
Aerial
cc: Laserfiche
File Copy

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Non - Jurisdictional Ditch
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