20130174 Ver 1_Buffer Determination_20130326

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Pat McCrory Charles Wakild, P. E. John E. Skvarla, III
Governor Director Secretary
March 26, 2013
Strata Solar Development, LLC.
Attn: Mr. Michael Cohen
1119 15/501 Highway South, Suite 101
Chapel Hill, NC 27516
DWQ # 13 -0174
Pitt County
Subject Property: Greenville Farm 1
UTs to Johnson Mill Run and Johnson Mill Run, Tar - Pamlico River Basin
On -Site Determination for Applicability to the Tar - Pamlico River Riparian Area Protection Rules (15A
NCAC 2B.0259)
Dear Mr. Cohen:
On March 19, 2013 and March 22, 2013, at your request Anthony Scarbraugh conducted an on -site
determination to review an unnamed tributaries (UT) to Johnson Mill Run and Johnson Mill Run located
on the subject property for applicability to the Tar - Pamlico Buffer Rules (15A NCAC 2B .0259). The
feature is labeled as "13 -0174 A, 13 -0174 B, 13 -0174 C, 13 -0174 D, 13 -0174 E and 13 -0174 F" on the
attached maps initialed by Mr. Scarbraugh on March 26, 2013. The project is located on the northwest
intersection of Belvoir School Road and Fleming School Road in Pitt County, NC.
At your request, Mr. Scarbraugh conducted an on -site determination as stated above. During his
review, he evaluated the features using the DWQ Stream Classification Form. He evaluated the stream
reaches 13 -0174 A at N 35.66808, W 77.38893, 13 -0174 E at N 35.67319, W 77.39684, and 13 -0174 F at
N 35.67664, W 77.39639 and found evidence that this is a man -made feature not constructed for the
purposes of navigational access. North Carolina Administrative Code 15A NCAC 02B .0259 (3)(a)(i)
exempts ditches and manmade conveyances other than modified natural streams unless constructed for
navigation or boat access. He evaluated the stream reach 13 -0174 B at N 35.67609, W 77.39616 and
calculated the score to be 33.75 points. He evaluated the stream reach 13 -0174 C at N 35.67284, W
77.40614 and calculated the score to be 28 points. He evaluated the stream reach 13 -0174 D at N
35.67284, W 77.40614 and found no feature was present. The form states that if the score is "greater
than or equal to 19 points the stream is at least intermittent ".
The Division of Water Quality (DWQ) has determined that the portions of the features labeled as "13-
0174 B and 13 -0174 C' on the attached maps, and highlighted in blue are subject to the Tar - Pamlico
Buffer Rules. The portions of features "13 -0174 B, 13 -0174 D, 13 -0174 E and 13 -0174 F" on the
North Carolina Division of Water Quality
943 Washington Square Mall
Washington, NC 27889
Phone: 252 - 946 -6481 1 FAX: 252 - 946 -9215
Internet: www.ncwaterouality.org
An Equal Opportunity 1 Affirmative Action Employer
NorthCarolina
Naturalltf

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attached maps, and highlighted in red are not subject to the Tar - Pamlico Buffer Rules. The features
and its associated buffers should be identified on any future plans for this property. 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.
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 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, adzes
For Charles Wakild, P. E.
Attachments: USGS Topographic 1:24,000 Quadrangle Map "Greenville NW"
copy of page, 1974 version of Pitt County Soil Survey
cc: DWQ Webscape Unit
File Copy
Paul Pascarosa, ECS Carolinas, LLP,
7211 Odgen Business Park Ln #201, Wilmington, NC 28411
Filename 13 -0174

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