20131237 Ver 1_Stream Call Letter_20131202

North Carolina
Pat McCrory
Governor
Jay Keller
Keller Environmental LLC
7921 Haymarket Lane
Raleigh, NC 27615
MUM
Department of Environment and
Division of Water Resources
Water Quality Programs
Thomas A. Reeder
Director
December 3, 2013
Natural Resources
John E. Skvarla III
Secretary
DWQ EXP # 13 -1237
Beaufort County
Subject Property: Chocowinity Solar Site, off Hwy 17, South of Town of Chocowinity
Tar- Pamlico River Basin, Maple Branch [TAR 07, 29- 6- 2 -1 -7; NSW, C, Sw]
Issuance of On -Site Determination for Applicability to the Tar - Pamlico River Riparian Area Protection
Rules (15A NCAC 2B.0259), Express Review
Dear Mr. Keller:
On December 2, 2013, at your request, Mr. Roberto Scheller of this Office conducted an on -site determination of a
drainage feature located off Highway 17, south of the Town of Chocowinity, Beaufort County, North Carolina. The
drainages were reviewed for applicability to the Tar- Pamlico Buffer Rules (15A NCAC 2B.0259). The features are
labeled as "#011, 012, 013" on the attached maps and initialed on December 3, 2013.
The Division of Water Resources (DWR) has determined that the features labeled as 4011, 012, and #013" on the
attached maps, and highlighted in red are not subject to the Tar - Pamlico Buffer Rules. The stream determination
begins in a drainage way labeled as #011 on the attached maps (N 35° 29.981' W 77° 06.291') and continues down
gradient to a second point labeled as #012 (N 35° 29.959' W 77° 06.250') and marked on the ground with yellow DWQ
flagging. The second drainage feature begins at point #013 (N 35° 29.926' W 77° 06.608') and continues down gradient
away from the subject field. All points are illustrated on the enclosed maps and 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
Water Quality Regional Operations Section
943 Washington Square Mall
Washington, NC 27889
Phone: 252 - 94664811 FAX: [phone]
Internet inw.nayatilwliity.erit
An Equal opportunity 1 AlrentaUveActon Employer
NorthCarolina
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"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 parry appeals are made in a timely manner. To ask
for a hearing, send a written petition, which conforms to Chapter I SOB 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 A. Z�l
Attachments: Beaufort County Soil Survey map
USGS Hackney Quad map
Goggle Earth map
cc: Kenny Habul, Sun Energy 1, email: Kenny @sunenergyl.com
DWR Webscape Unit
DEMLR- WaRO
,4ile Copy
Filename 13 -1168

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