20110879 Ver 1_Buffer Determination_20120124

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NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman
Governor Director Secretary
January 24, 2012
Invenergy, LLC
Mr. Jack Godshall
51 Monroe Street, Suite 1604
Rockville, MD 20850
DWQ Project # 11 -0879
Beaufort County
Subject Property: Pantego, Beaufort County, Invenergy Wind Energy Project
Tar - Pamlico River Basin (TAR 07), Pungo River (29- 34 -(5), Pungo
Creek (29- 34 -35), Broad Creek (29- 10 -(1)
On -Site Determination for Applicability to the Tar - Pamlico River Riparian Area
Protection Rules (15A NCAC 2B.0259)
Dear Mr. Godshall:
On November 30, 2012, at your request I conducted on -site determinations to review
drainage features located on the Parcel Access map for applicability to the Tar- Pamlico
Buffer Rules (15A NCAC 2B.0259). The features are labeled on the attached maps,
highlighted in red, and initialed by me on January 23, 2012.
The Division of Water Quality (DWQ) has determined that the surface waters
labeled as "D -1 through D -68" on the attached maps and highlighted in red are not
subject to the Tar - Pamlico Buffer Rule. Stream determinations begin at site #80,
property belonging to Carowan Farms, and listed as D -68 on the attached map. Eight (8)
features were review at this site and all determined to be agricultural drainage ditches.
The calls proceed northeast and end at Site #2, property belonging to Rhonda Respess,
and labeled as D -1. All 120 drainage features reviewed, and highlighted in red on the
enclosed maps, are determined to be man -made agricultural drainage ditches not subject
to the Tar- Pamlico Riparian Buffer Rules.
Please be advised that although the subject features are not subject to the Tar - Pamlico
Buffer Rules these features may be considered waters of the U.S. and waters of the State
that may require a Nationwide Permit from the US Army Corp of Engineers and a
North Carolina Division of Water Quality Internet: www.ncwaterquality.org
943 Washington Square Mail Phone: [phone] One
Washington, NC 27889 FAX [phone] NorthCarofina
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General Certification from the State of North Carolina. It is recommended that Ms.
Emily Jernigan with the US Army Corp of Engineers, Washington Field Office, is
contacted (910 -251 -4567) before any construction on the subject site commences.
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 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 Cyndi Karoly, DWQ, 401 Oversight /Express
Review Permitting Unit, 2321 Crabtree Blvd., Suite 250, Raleigh, NC 27604 -2260.
Individuals that dispute a determination by the DWQ 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. 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 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 at (252) 948 -3940.
Enclosures: USGS Topo maps (4)
cc: DWQ 401 Oversight/Express Unit
File Copy
A cerelFarles a 1 , .E.
Filename: 11 -0879