20120789 Ver 2_Complete File_20121023

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Charles Wakid, P.E.
Governor Director
October 22, 2012
Keller Environmental LLC
Mr. Jay Keller
7921 Haymarket Lane
Raleigh, NC 27615
Dee Freeman
Secretary
DWQ EXP# 12 -0789 Ver. 2
Beaufort County
Subject Property: White Post Road Solar Project
Tar - Pamlico River Basin, Boyd Creek [TAR 07,19-5(l); NSW, C]
On -Site Re- Determination for Applicability to the Tar - Pamlico River Riparian Area Protection Rules
(15A NCAC 2B.0259)-EXPRESS REVIEW PROGRAM
Dear Mr. Keller:
On October 18, 2012 at the request of Mr. Kenny Habul of SunEnergy 1, Roberto Scheller of this Office conducted an on-
site re- determination to change the end point of stream determination to more clearly represent drainage feature located on
the subject property for applicability to the Tar - Pamlico Buffer Rules (15A NCAC 2B .0259). The feature is labeled as
"12 -0789 A, 12- 0789'B, and 12 -0789 C" on the attached maps initialed by me on October 22, 2012.
The Division of Water Quality (DWQ) has determined that the feature labeled as "12 -0789 A,12 -0789 B, and 12-
0789 C" on the attached maps, and highlighted in red is not subject to the Tar Pamlico Buffer Rules. The stream
determination begins at a roadway culvert passing under White Post Road (SR 1343), point 12 -0789 A (N 35° 29.913" W
76° 51.062 "), and continues up gradient to a second point 12 -0789 B (N 35° 29.954" W 76° 51.237 "), and continues to
the western most limits of the property, to point 12 -0789 C (N 35° 29.964', W 76° 51.300'), as shown on enclosed maps
marked on the ground with yellow DWQ flagging.
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 Karen Higgins, 1650 Mail Service Center
Raleigh, NC 27699 -1650. 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
North Carolina Division of Water Quality
943 Washington Square Mall
Washington, NC 27889
Phone: 252 - 946 -64811 FAX: 252 - 946 -9215
Internet: www.ncwaterquality.orq
An Equal Opportunity 1 Affirmative Action Employer
NorthCarolina
Natura!!'y

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 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 in the Washington Regional Office at (252) 948-
3940.
incerely,
Q
For Charles Wakid, P.E.
Attachments: Beaufort County Soil Survey map
USGS Bath Quad map
Goggle Earth map
cc: Kenny Habul, SunEnergyl, 192 Raceway Drive, Mooresville, NC 28117
Brian Kennedy, Duke Energy Renewables, EX300/139 East Fourth St., Cincinnati, OH 45202
DWQ 401/Wetland Express Unit
DLM- WaRO
File Copy
Filename 12 -0789 Ver.2

12 -0789 C
N 35 29.964'
W 76 51.300' ,1343 12 -0789 A
r_r N3529.913'
• �? W 76 51.062'
21
0 -
4
12 -0789 B -" 1
N 35 29.954'
W 76 51.2371 "`
i
it I i
* y i •� s N
J f
Chppel
0 ; , 1� =:
hite
x 24
5
* X21 :h
rt' Caroling. E)',
a agement C mission 11334
i ision of Watc r Quality
For; I In e -
Data f'
Review d
M
10° W
Name: BATH Location: 035° 29'50.20" N 076° 51'08.86" W
Date: 10/22/2012 Caption: White Post Road Solar Project
Scale: 1 inch equals 1000 feet
copyrignt (c) 1998, maptem, inc.