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Home My WebLink About20140597 Ver 1_Stream Call Letter_20140728�� NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor July 28, 2014 Birdseye Renewable Energy, LLP Attn: Mr. Brian C. Bednar 1125 East Morehead Street, Suite 206 Charlotte, NC 28204 Subject Property: Sonne One, LLC Additional Area UTs to Beaver Dam, Neuse River Basin John E. Skvarla, III Secretary DWQ # 14 -0597 Wayne County On -Site Determination for Applicability to the Neuse River Riparian Area Protection Rules (15A NCAC 2B .0233) Dear Mr. Bednar: On July 22, 2014, at the request of your consultant Mr. Cory Darnell of ECS Carolinas, LLP, Anthony Scarbraugh conducted an on -site determinations to review unnamed tributaries (UTs) to Beaver Dam located on the subject property for applicability to the Neuse Buffer Rules (15A NCAC 2B .0233). The features are labeled as "14 -0597 A and 14 -0597 B" on the attached maps initialed by Mr. Scarbraugh on July 28, 2014. The project is located on the northeast intersection of Hill Loop Road and NC Highway 13 near the Town of Goldsboro, Wayne 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 14 -0597 A at 35.444194 N, 77.86232 W and calculated the score to be 19 points. He evaluated the stream reach 14- 0597 B at 35.44151 N, 77.86405 W and calculated the score to be 16.5 points. The form states that if the score is "greater than or equal to 19 points the stream is at least intermittent." The Division of Water Resources (DWR) has determined that a portion of feature labeled as "14 -0597 A" on the attached maps, and highlighted in blue is subject to the Neuse Buffer Rules. The portion of the feature labeled as "14 -0597 A and highlighted in red and circled on the attached maps, is not subject to the Neuse Buffer Rules. The portion of the feature labeled as "14 -0597 B" on the attached maps, and highlighted in red is 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 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 Division of Water Resources — Water Quality Regional Operations Section — Washington Regional Office 943 Washington Square Mall, Washington, NC 27889 Phone: 252 - 946 -64811 Fax: 252 - 975 -37961 Internet www.ncdenr.gov An Equal Opportunity 1 Affirmative Action Employer— Made in part by recycled paper Birdseye Renewable Energy, LLP Attn: Mr. Brian C. Bednar Stream Determination Page 2 of 2 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, 1617 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 1506 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, �Z� - I Robert Tankard, Assistant Re ional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDENR Attachments: USGS Topographic 1:24,000 Quadrangle Map "Jason" copy of sheets 16, 1974 version of Wayne County Soil Survey cc: DWR 401 & Buffer Permitting Unit File Copy " Cory Darnell, ECS Carolinas, LLP, 9001 Glenwood Avenue, Raleigh, NC 27617 > Filename 14 -0597 F- r14-0597 Or' k 0, # m 51p, • C -em 16' .A' r "T ui C nt Managame Division of Wqjd'05a'Tily jjC-W!' tx, asln,60 17.'�� '4 ate O—L 77r.'4 4, , ro A. _k" k E rl"' to, P, A, St SCALE 1:8000 a 100 200 300 400 500 600 YARDS ------------ 1000 FEET 0 100 200 300 400 500 METERS Cowriaht (C) 1996. Marttech. Inc.