20130887 Ver 1_Stream Call Letter_20130920

NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
Dennis Richter
National Renewable Energy Corporation
227 South Side Drive, Suite B
Charlotte, NC 28217
Division of Water Resources
Thomas A. Reeder
Director
September 20, 2013
John E. Skvarla III
Secretary
DWQ # 13 -0887 Ver
Wayne County
Subject Property: Property @ 5538 Hwy. 70 East
Neuse River Basin, Neuse River, Walnut Creek [NEU 05, 27 -68; C, NSW]
Change of On -Site Determination for Applicability to the Neuse River Riparian Area Protection Rules
(15A NCAC 2B.0233)
Dear Mr. Richter:
On September 12, 2013 at your request Mr. Roberto Scheller of this Office conducted an on -site determination of
drainage features located at the subject property for applicability to the Neuse Buffer Rules (15A NCAC 2B .0233). The
features are labeled as "13 -0887 A, B, and C" on the attached maps and initialed on September 13, 2013. On September
19, 2013 this Office received a request to include a drainage feature on the southeast boarder of the proposed project
boundary. This feature has been reviewed, included as 13 -0887 D on the attached maps, and dated September 20, 2013.
Please note that this stream determination supersedes all other determinations conducted on this site.
The Division of Water Resources (DWR) has determined that the features labeled as "13 -0887 A, B, C and D" on
the attached maps, and highlighted in red is not subject to the Neuse Buffer Rules. All points have been marked on
the ground with yellow DWQ flagging.
The owner (or future owners) should notify the DWR (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 DWR 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 DWR 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. DWR recommends that
Surface Water Section
943 Washington Square Mall
Washington, NC 27889
Phone: 252 - 946&181 1 FAX: [phone]
Internet www.ncwaterquality.orq
An Equal Opportunity 1 Affirmative Action Employer
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None hCarolina,
Naturally

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.
Sincerely,
For Thomas Y Reeder
Attachments: Wayne County Soil Survey map
USGS Southeast Goldsboro Quad map
Goggle Earth map
cc: James Bevers, ECS Carolinas, LLP, email: jbevers @ecslimited.com
DWQ Webscape Unit
DEMLR- WaRO
File Copy
Filename 13- 0887V.2

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