20120974 Ver 1_Stream Call Letter_20121213

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NCDENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
ECS Carolinas, LLP
Paul Pascarosa
Suite 201
7211 Ogden Business Park
Wilmington, NC 28411
Division of Water Quality
Charles Wakild, P.E.
Director
December 13, 2012
Dee Freeman
Secretary
DWQ # 12 -0974
Lenoir County
Subject Property: Strata Solar Site 2, south side of Wheat Swamp Road
Neuse River Basin, Gum Swamp Creek (NEU 05, 27 -77 -3; NSW, C, Sw)
On -Site Determination for Applicability to the Neuse River Riparian Area Protection Rules (15A NCAC
213 .0233)
Dear Mr. Pascarosa:
On December 10, 2012 at your request, I conducted an on -site determination to review drainage features located on the
subject property for applicability to the Neuse Buffer Rules (15A NCAC 2B .0233). The features reviewed are labeled as
" #007 to #008" and " #008 to #009" on the attached maps and initialed by me on December 11, 2012.
The Division of Water Quality (DWQ) has determined that the feature labeled as 4007 to #008" and highlighted
in red on the attached map is not subject to the Neuse Buffer Rules. The feature labeled " 1008 to #009" and
highlighted in blue on the attached map is subject to the Neuse Buffer Rules. Stream determination begins at point
#007 (N 35° 20.047' W 77° 40.008') marked on the ground with yellow DWQ flagging and continues down gradient to
point #008 (N 35° 19.724' W 77° 40.128') as shown on attached maps and marked on the ground with yellow DWQ
flagging. Stream determination for the second feature begins at point #008 (N 350 19.724' W 770 40.128') marked on the
ground with yellow DWQ flagging and continues up gradient to point #009 (N 35° 19.855' W 770 39.844') as shown on
attached maps and 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
North Carolina Division of Water Quality
943 Washington Square Mall
Washington, NC 27889
Phone: 252 - 946 -6481 \ FAX: 252 - 946 -9215
Internet: www.ncwaterquality.orq
An Equal Opportunity 1 Affirmative Action Employer
NorthCarolin.a
Naturally

"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 in the Washington Regional Office at (252) 948-
3940 or Karen Higgins of the Wetland, Buffer, Stormwater, Compliance and Permitting (Webscape) Unit at 919 -807-
6360.
Sincerely,
For Charles Wakild, P.E.
Attachments: Lenoir County Soil Survey map
USGS Falling Creek Quad map
cc: DWQ Webscape Unit
File Copy
Strata Solar via e-mail: mcohen @stratasolar.com
Filename 12 -0974
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