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HomeMy WebLinkAbout20131150 Ver 1_Stream Call Letter_20131029North Carolina Pat McCrory Governor James A. McRacken, Jr. Energy Renewable Partners, LLC Post Office Box 1032 Stanley, NC 28164 Subject Property: Bethel Solar Site MCDENR Department of Environment and Division of Water Resources Water Quality Programs Thomas A. Reeder Director October 29, 2013 Natural Resources Tar - Pamlico River Basin, Grindle Creek [TAR 05, 28 -100; NSW, C1 John E. Skvarla III Secretary DWQ EXP # 13 -1150 Pitt County On -Site Determination for Applicability to the Tar - Pamlico River Riparian Area Protection Rules (15A NCAC 2B.0259), Express Review Dear Mr. McRacken: On October 29, 2013, at your request, Mr. Roberto Scheller of this Office conducted an on -site determination of drainage features located south of the Town of Bethel in Pitt County, North Carolina. The drainages are located on the south side of Cemetery Road (SR 1429) and east of Price Road (SR 1430). The drainages were reviewed for applicability to the Tar- Pamlico Buffer Rules (15A NCAC 2B .0259). The features are labeled as " #004, #005, #007, #008" on the attached maps and initialed on October 29, 2013. The Division of Water Resources (DWR) has determined that the features labeled as 4004 to #005" and " #007 to #008" on the attached maps, and highlighted in red are not subject to the Tar - Pamlico Buffer Rules. The stream determination begins at the outlet of a roadway culvert passing under Lewis Road (SR 1430) located at point #004 (N 351 47.861' W 770 22.871') and continues down gradient to a second point labeled 4005 (N 35° 47.771' W 77° 22.774'). The second drainage feature begins as the roadway culvert that passes under Cemetery Road (SR 1429) labeled as #007 (N 351 47.885' W 770 22.619') and continues down gradient to point #008 (N 35° 47.745' W 77122.596'). All points are illustrated on the enclosed maps. 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 Water Quality Regional Operations Section 943 Washington Square Mall Washington, NC 27889 Phone: 252- 946 -64811 FAX: 252 -946 -9215 Internet w .ncxateraualinxrg An Equal Opportunity 1 Affirmative Action Employer NorthCarolina ;Vatrrrally "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 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. Sul/LCtn�yi�_ 79— For Thomas A. Ree Attachments: Pitt County Soil Survey map USGS Conetoe Quad map Goggle Earth map cc: DWR Webscape Unit DEMLR- WaRO .File-Copy Filename 13 -1150 t —{ I s • p �. ` A S • • • • • , p r ethel • t Fa ti I '�yJl =.. • ; :r f Bethe r � 'may% . �"ea� � „� �• •a lttil� � •o• •s• a ss �''a i Fx r.4. • • • •.."` -`r �•.-� • • +1 {yy • rYi ii • • any 1 29 \. - 1 01 , #004 V.. • ........ #007 •� `P N 35 47.861' \ \„ N 35 47.885' = W 77 22.871'. \ . f�.... • ,��= ' W7722.619 #008 N 35 47.745 - - -- - -- { -- -- - -- `_ \Is %= - - -•- { W 77 22.696 -T— #005 E N 35 47.771' W 77 22.774' x 6 r { �T f t S. v- • xa0..4'A+ ._...c ��\ �' vs^� � �w"''.s d' i {� cam• -� • { rt Csrdina En ironmert a lagament C 'misslon ` }t his' of wat ';puahty, t+ 9 z ^^ For x .� ."�:' ,✓, Date Review dti` Name: CONETOE Location: 035' 47'40.30" N 077° 22'48.7411 W Date: 10/2912013 Caption: Bethel Solar Site Stream Determination, Pitt Co. Scale: 1 inch equals 1000 feet Copvnght(C) 1998. Maotech. Inc