20131297 Ver 1_Stream Call Letter_20131217

NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Pat McCrory
Governor
Jay Keller
Keller Environmental
7921 Haymarket Lane
Raleigh, NC 27615
Water Quality Programs
Thomas A. Reeder
Director
December 18, 2013
John E. Skvarla III
Secretary
DWQ EXP # 13 -1297
Pitt County
Subject Property: Conetoe Solar Site
Tar - Pamlico River Basin, Ballahack Canal [TAR 03, 28- 87 -1.2; NSW, C]
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 17, 2013, at your request, Mr. Roberto Scheller of this Office conducted an on -site determination of
drainage features located off North Canal Street (US Hwy. 64) north of the Town of Conetoe in Edgecombe County,
North Carolina. The drainages are located on a 123 acre tract registered to Linwood A. Webb. The drainages were
reviewed for applicability to the Tar - Pamlico Buffer Rules in accordance with (15A NCAC 2B .0259). The features are
labeled as " 4030, 4032, #032, and #033" on the attached maps and initialed on December 18, 2013.
The Division of Water Resources (DWR) has determined that the feature labeled as " #030 to #031" on the attached
maps, and highlighted in blue is subject to the Tar - Pamlico Buffer Rules. The feature labeled as " #032 to #033" on
the attached maps, and highlighted in red is not subject to the Tar - Pamlico Buffer Rules. The stream determination
begins along Ballahack Canal, just north of U.S. Highway 64, located at point #030 (N 35° 49.333' W 77° 27.346') and
continues up stream to a second point labeled #031 (N 35° 49.339' W 77° 27.342'). The second drainage feature
determination begins at a culvert that discharges into Ballahack Canal and labeled as #032 (N 35° 49.791' W 77° 27.255')
and continues northwest, up gradient, to point 4033 (N 35° 49.791' W 77° 27.255'). 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 - 946-64811 FAX: [phone]
Internet wwwmwaterquafilv.org
An Equal opportunity IAftirmative Action Employer
NorthCarolina
Naturally -

"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.
Sincerely
For Thomas A. Ree er
Attachments: Edgecombe County Soil Survey map
USGS Conetoe Quad map
Goggle Earth map
cc: Raleigh Regional Office, Surface Water Protection
DWR Webscape Unit
DEMLR- WaRO
File Copy
Filename 13 -1297

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