20110615 Ver 1_Buffer Determination_20110708

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
July 8, 2011
Atlantic Wind, LLC
Mr. Michael Clayton
201 King of Prussia Road, Suite 500
Radnor, PA 19087
Dee Freeman
Secretary
DWQ EXP# 11-0615
Perquimans/Pasquotank Counties
Subject Property: Desert Wind Project
Little River and Pasquotank River, Pasquotank River Basin
On-Site Stream Determination - EXPRESS REVIEW PROGRAM
Dear Mr. Clayton:
On June 29, 2011, at your request, I conducted an on-site determination to review a drainage feature located on the subject
sites to determine if drainage features would be considered streams using the NC Division of Water Quality Stream
Identification Method. Seventeen features were reviewed and features are labeled by Areas 1 through 8 on the attached
maps and initialed by me on June 29, 2011.
The Division of Water Quality (DWQ) has determined that the feature labeled as "Area 6, Mill Pond Road South
of Turbine B2" on the attached maps, and highlighted in blue, is considered a stream. The stream starts (N 36° 17'
34.23" W 76° 29' 50.92") at the junction of two drainage features (see attached maps) and continues down stream to the
Pasquotank River.
The other sites reviewed are highlighted in red on the attached maps and are considered *ephemeral drainage features.
The sites reviewed are as follows: Area 1 drainage feature off Sandy Road, between site 6-1 and 3-2 is considered an
ephemeral feature. The second drainage reviewed in Area 1 off Access Road 6, between Turbine P3 and P6 is ephemeral.
Area 2 drainage feature on Foreman Road between Turbine S36 and S35 is considered ephemeral. The second drainage
site on Access Road to Turbine S40 is also considered ephemeral.
Area 3 drainage feature crosses Access Road 3, 1-8, Access Road 2, 1-4, and Access Road 1, 1-1 all three are considered
ephemeral drainage features.
Area 4 & 5 drainage features start at crossing on Sandy Road (SR 1469) and continues up gradient, turning west along
Carl Road and ending at the end of lateral drainage ditch near 18-21. Although this feature is at the headwaters of Little
River it is not considered a stream.
North Carolina Division of Water Quality
943 Washington Square Mall
Washington, NC 27889
Phone: [phone] FAX: [phone]
Internet: www rlmaterquality.orq
An Equal Opportunity %Affirmative Action Employer
North Carolina
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Area 6 the roadway crosses a drainage features at 21-1 through 21-8 and the feature is considered to be an ephemefal
drainage features. The drainage feature that runs parallel to Mill Pond Road, shown on the attached maps highlighted in
blue, is a stream feature. The stream feature starts at the junction of two drainage features and continues downstream to
the Pasquotank River (see attached maps).
Area 7 the drainage feature runs parallel to Access Road 27, culvert crossings 24-2 through 25-10 is considered to be
ephemeral drainages.
Area 8 consists of three drainage features off Access Road 32, culvert crossings 28-2 through 30-9, 30-1 and 30-2 are all
considered ephemeral drainage features.
Please note that this Office defines the word "Ephemeral" drainage feature as meaning a feature that carries only
stormwater in direct response to precipitation with water flowing only during and shortly after large precipitation events.
Please also note that drainage feature shown on USGS map has been severely modified and many do not exist on ground
as depicted.
The owner (or future owners) should notify the DWQ (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 DWQ or Delegated Local Authority that a
surface water exists and 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 John Dorney, DWQ Wetlands/401 Unit, 2321 Crabtree Blvd., Raleigh, NC
27604-2260. Individuals that dispute a determination by the DWQ or Delegated Local Authority that "exempts" a surface
water 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. DWQ 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 stream determinations and does not 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 [phone].
incer 1 ,
For Co en H. u ns
Attachments: Perquimans/Pasquotank County Soil map
USGS Chapanoke Quad maps
Aerial map
cc: /DWQ 401/Wetland Express Unit
File Copy
Filename 11-0615

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Name: CHAPANOKE Location: 036° 17'34.23" N 076° 29'50.92" W
Date: 7/6/2011 Caption: Atlantic Wind LLC, Desert Wind Project, Stream Determination,
Scale: 1 inch equals 1000 feet Area 6, South Mill Pond Road
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