20151103 Ver 1_Buffer Determination_20151118

North Carolina Department of Environmental Quality
Pat McCrory
Governor
November 18, 2015
Audrey S. Brow
PO Box 453
Goldsboro, NC 27530
Subject Property: Ruskin Solar Farm
UTs to Yellow Marsh Branch, Neuse River Basin
Donald R. van der Vaart
Secretary
DWR # 15 -1103
Wayne County
On -Site Determination for Applicability to the Neuse River Riparian Area Protection Rules (15A NCAC 213
.0233)
Dear Ms. Brow:
On November 17, 2015, Anthony Scarbraugh at the request of your consultant Mr. David Brame of Pilot
Environmental, Inc. conducted on -site determinations to review unnamed tributaries (UTs) to Yellow Marsh
Branch located on the subject property for applicability to the Neuse Buffer Rules (15A NCAC 02B.0233). The
features are labeled as "15 -1103 A through 15- 1103_C" on the attached map(s) initialed by Mr. Scarbraugh
on November 18, 2015. The project is located near 168 Ruskin Road in Goldsboro, Wayne County, NC.
At your request, Mr. Scarbraugh conducted on -site determinations as stated above. During his review, he
evaluated the streams using the Division of Water Resources (DWR) Stream Classification Form.
Feature
Not
Subject to
Buffers
Subject
to
Buffers
E /I /P*
Start@
Stop@
15 -1103 A
X
E (Ditch)
@ Flag 15 -1103 A Begin
@ Flag 15 -1103 A E/I
15 -1103 A
X
I
@ Flag 15 -1103 A E/I
@ Flag 15 -1103 A End
15 -1103 B
X
E
@ Flag 15 -1103 B Begin
@ Flag 15 -1103 B/C End
15 -1103 C
I
I X
I
@ Flag 15 -1103 C Begin
@ Flag 15 -1103 B/C End
• E /I /P— Ephemeral /Intermittent /Perennial
The DWR has determined that a portions of features labeled as "15 -1103 A and 15 -1103 B" on the attached
map(s), and highlighted in red are not subject to the Neuse Buffer Rules. The DWR has determined that
the portion of the features labeled as "15 -1103 A and 15 -1103 C' on the attached map(s), and highlighted
in blue is subject to the Neuse Buffer Rules. The features and the associated buffers should be identified on
any future plans for this property. The owner (or future owners) should notify the DWR (and other relevant
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 Opportunity 1 Affirmative Action Employer- Made in part by recycled paper

Audrey S. Brow
Stream Determination
Page 2 of 2
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, 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 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 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,
Robert Tankard, Assistad Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ
Attachments: USGS Topographic 1:24,000 Quadrangle Map "SW Goldsboro'
copy of sheet 15, 1974 version of Wayne County Soil Survey
cc: Laserfiche
File Copy
David Brame, Pilot Environmental, Inc. (via email: [e-mail])
Filename 15 -1103

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