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Home My WebLink About20131313 Ver 1_Stream Call Letter_20131226e�� NCDENR North Carolina Department of Environment and Natural Resources Division of Water Resources Water Quality Programs Pat McCrory Thomas A. Reeder John E. Skvarla, III Governor Director Secretary January 3, 2014 DWQ # 13 -1313 Lenoir County Jo and Shelton Rhodes 7806 Sound Drive Emerald Isle, NC 28594 Subject Property: Wommack Solar Farm LIT to Whitley's Creek, Neuse River Basin On -Site Determination for Applicability to the Neuse River Riparian Area Protection Rules (15A NCAC 2B .0233) Dear Mr. and Mrs. Rhodes: On December 31, 2013, at request of your consultant Mr. Cory Darnell of Engineering Consulting Services, LLP., Anthony Scarbraugh conducted an on -site determination to review unnamed tributary (LIT) to Whitley's Creek located on the subject property for applicability to the Neuse Buffer Rules (15A NCAC 2B .0233). The feature is labeled as "13- 1313" on the attached maps initialed by Mr. Scarbraugh on January 3, 2014. The project is located at 3935 NC Highway 55 near the town of Kinston, Lenoir County. At your request, Mr. Scarbraugh conducted on -site determination as stated above. During his review, he evaluated the stream using the DWR Stream Classification Form. He evaluated the stream reach 13- 1313 at N 35.20686, W 77.68639 and calculated the score to be 20.5 points. The form states that if the score is "greater than or equal to 19 points the stream is at least intermittent." The DWR has determined that the portion of the feature labeled as "13- 1313" on the attached maps, and highlighted in blue is subject to the Neuse Buffer Rules. The portion of feature labeled "13- 1313" that is circled and highlighted in red is not subject to the Neuse Buffer Rules. The feature 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 this decision in any future correspondences concerning this property. This on -site determination shall expire five (5) years from the date of this letter. Water Quality Regional Operations Section 943 Washington Square Mall, Washington, North Carolina 27899 Phone: 252- 946 -64811 FAX: 252- 975 -3716 Internet: w .ncwatecom An Equal Opportunity 1 Affirm live Acton Employer Jo and Shelton Rhodes DWR # 13 -1313 Stream Determination Page 2 of 2 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 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 Anthony Scarbraugh in the Washington Regional Office at (252) 948 -3924. Sincerely, t r ay, P. Regional Supervisor DWR Water Quality Section Washington Regional Office Attachments: USGS Topographic 1:24,000 Quadrangle Map "Deep Run" copy of page, 1977 version of Lenoir County Soil Survey cc: DWR 401 & Buffer Permitting Unit File Copy Cory Darnell, ECS Carolinas, LLP, 9001 Glenwood Avenue, Raleigh, NC 27617 Filename 13 -1313 AMT � T •• O?4.4 • • . .:roo n _ 1157 I Q • •• 'r : • • 13.1313 • r•r� / • •.�° • wqh 25.6 , -. �L i • y • t • , �� '� ice• M n y u tas • r( � ag etic cl at • NM ' q SCALE 1:12000 _ 0 100 200 300 100 500 600 700 900 YARDS 0 1000 2000 FEET 0 100 200 300 100 500 600 700 600 METERS 9' CopffidR (C)1998. M6.Oerl1. U10.