20131194 Ver 1_Stream Call Letter_20131113

e��r
NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Water Quality Programs
Pat McCrory Thomas A. Reeder
Governor Director
December 4, 2013
Mary Bryan Cooper
1902 Stanton Drive
Kinston, NC 28504
John E. Skvada, III
Secretary
DWQ # 13 -1194
Lenoir County
Subject Property: Kinston Solar (Mary Bryan Cooper Property)
UTs to Wheat Swamp Creek and UT to Hallam Creek, Neuse River Basin
On -Site Determination for Applicability to the Neuse River Riparian Area Protection Rules (15A NCAC 2B
.0233)
Dear Mrs. Cooper:
On December 2, 2013, at your request Anthony Scarbraugh conducted an on -site determinations to
review an unnamed tributaries (UTs) to Wheat Swamp Creek and an UT to Hallam Creek located on the
subject property for applicability to the Neuse Buffer Rules (15A NCAC 2B .0233). The features are
labeled as "13 -1194 A, 13 -1194 B and 13 -1194 C" on the attached maps initialed by Mr. Scarbraugh on
December 4, 2013. The project is located at 4947 Highway 58 North near the town of Kinston, Lenoir
County.
At your request, Mr. Scarbraugh conducted on -site determinations as stated above. During his review,
he evaluated the streams using the DWR Stream Classification Form. He evaluated the stream reach 13-
1194 A at N 35.37225, W 77.60744 and calculated the score to be 18 points. The form states that if the
score is "greater than or equal to 19 points the stream is at least intermittent." He evaluated the
stream reaches 13 -1194 B at N 35.37219, W 77.60633 and 13 -1194 C at 35.36921 N, 77.60683 W and
found evidence that these features are man -made feature not constructed for the purposes of
navigational access. North Carolina Administrative Code i5A NCAC 02B .0233 (3)(a)(i) exempts ditches
and manmade conveyances other than modified natural streams unless constructed for navigation or
boat access.
The Division of Water Resources (DWR) has determined that the portion of the features labeled as
"13 -1194 A, 13 -1194 B and 13 -1194 C" on the attached maps, and highlighted in red is not subject to
the Neuse 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 DWR (and other relevant agencies) of
Water Quality Regional Operations Section
943 Washington Square Mall, Washington, North Carolina 27699
Phone: [phone] FAX 252 - 9753716
Internet w .ncwater.ora
An Equal Opportunity 1 Affirmative Action Employer

Mary Bryan Cooper
DWR # 13 -1194
Stream Determination
Page 2 of 2
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 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, DWR 401 & Buffer Permitting Unit, 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 the
applicant conduct 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 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,
oa"/-7�
David May, P.G.
Regional Supervisor
DWR Water Quality Regional Operations Section
Washington Regional Office
Attachments: USGS Topographic 1:24,000 Quadrangle Map "Kinston"
copy of page, 1977 version of Lenoir County Soil Survey
cc: DWR 401 & Buffer Permitting Unit
File Copy
Paul Pascarosa, ECS Carolinas, LLP,
7211 Ogden Business Park, Suite 201, Wilmington, NC 28405
Filename 13 -1194

�- 1162 � 1$0' � - _ � � ��- •
- • � 1 NOAh Carolina Em% or ;eI
fpjagemen MIS
//, J • DMSion
Fp
Date IiL
E9S,[levl8wed
mp
13-1194 A O'
!
13-1194 C f
Ch
ds
��• .• 1575 � �� ,1 ,' ;� _ j
l
Magnetic Declination • -
7� I
r
SCALE 1:12000
0 100 2W 300 400 500 900 700 900 900 YARDS
0 1000 200D FEET
0 100 200 3W 400 500 WO 700 OW METERS
sow
Comialt (C) INS. Macisch. Inc

"mil r
'low, f
V
low. T
9 a4 `,. is