20140901 Ver 1_Buffer Determination_20140918

W
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory John E. Skvarla, III
Governor Secretary
September 18, 2014
DWQ # 14 -0901
Jones County
Mr. Arthur T. Hardy, Jr.
1759 Dallas Tucker Road
Kinston, NC 28501
Subject Property: British Solar
UT to Mill Branch, Neuse River Basin
On -Site Determination for Applicability to the Neuse River Riparian Area Protection Rules (15A NCAC 2B
.0233)
Dear Mr. Hardy:
On September 17, 2014, at the request of your consultant Mr. Bradley Luckey of Pilot Environmental, Inc.,
Anthony Scarbraugh conducted anon -site determination to review unnamed tributary (UT) to Mill Branch
located on the subject property for applicability to the Neuse Buffer Rules (15A NCAC 26 .0233). The
feature is labeled as "14 -0901' on the attached maps initialed by Mr. Scarbraugh on September, 18, 2014.
The project is located near 439 British Road in Jones 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 14 -0901 at
35.22907 N, 77.50857 W and calculated the score to be 24.5 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- 0901" on
the attached map, and highlighted in blue is 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.
The owner (or future owners) should notify the DWR (and other relevant agencies) of this decision in a, ny
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, 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
Division of Water Resources -Water Quality Regional Operations Section - Washington Regional Office
943 Washington Square Mall, Washington, NC 27889
Phone: [phone] \ Fax: 252 - 9753716\ Internet: www,ncdenr.gov
An Equal Opportunity \ Affirmative Action Employer— Made in part by recycled paper

Arthur T. Hardy, Jr.
Stream Determination
Page 2 of 2
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 1508 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,
r
�
Robert Tankard, Assistant Reg nal Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDENR
Attachments: USGS Topographic 1:24,000 Quadrangle Map " Rivermont°
copy of sheet 12, 1981 version of Jones County Soil Survey
cc: DWR 401 & Buffer Permitting Unit
File Copy
Brad Luckey, Pilot Environmental, Inc.,
PO Box 128, Kernersville, NC 27285
Filename 14 -0901

SCALE 1:24000
0 1000 2000 3000 4000 5000 6000
FEET
.00" W 077° 31'30.00"
W 077° 31'
00.00" W 077° 30'
30.00" W 077° 30'
00.00" W 077
/Rob
8
g
a
o_
I
+
North Cll
olin�
Cnl r •I
h
o
Q)
TO i
(ieun)
100 IM F.Mpnt
-
Com lisslon
for 2
,.ar
9 _ r
°
.�,, ,��,, dy
h 0'
Z
Mic
aee r've
?
o
M
a stan
oko�Ca,
e 7 --
tE ::
j
o
,7@
1
0
0
) N , cu,
�
o
- r � �`
- - -�•- L
lad 4�,{ �
_ -•
�
z
o
Qas
0901
JO So
$
°
c�
°
1M
ISO
15500.1
METERS
:'
°
(
Z
o
0
::
zo-
• /
1 ` I.
Vase
o
'
N\
1309
°
Will
�
z
O ..
�._ -. -
� � `
0
a
c
, ,•100
-- _...
-
o
0
M
" — —
c
°c
t C 2 09 M
•
06 -2014 TomTO
,
100" W 077' 31'30.00"
W 077° 31'00.00"
W 077° 30'30.00"
W 077° 30'
00.00" W 077
SCALE 1:24000
0 1000 2000 3000 4000 5000 6000
FEET

SHEET NO. 12
JONES COUNTY, NORTH CAROLINA
77 °30'00"
°15'00"
North Carolina Environmental
Management Commission c o
Division of Water Ct rdrY R GSOUa
Fors kC Basin & +ffer
Reviewed by L