20141010 Ver 1_Stream Call Letter_20140926

OF)
NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
September 26, 2014
Mr. William Herring, Jr.
PO Box 1576
Kinston, NC 28503
Subject Property: Albemarle Solar Center
UTs to Jericho Run, Neuse River Basin
John E. Skvarla, III
Secretary
DWQ # 14 -1010
Lenoir County
On -Site Determination for Applicability to the Neuse River Riparian Area Protection Rules (15A NCAC 2B
.0233)
Dear Mr. Herring:
On September 25, 2014, at the request of your consultant Ms. Kim Williams of Land Management Group,
Inc., Anthony Scarbrough conducted an on -site determinations to review unnamed tributaries (UTs) to
Jericho Run located on the subject property for applicability to the Neuse Buffer Rules (15A NCAC 2B
.0233). The features are labeled as "14 -1010 A and 14 -1010 B" on the attached maps initialed by Mr.
Scarbraugh on September 26, 2014. The project is located approximately 0.25 miles from the intersection
of Albemarle Paper Company Road and Cunningham Road in 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 14 -1010
A at 35.294847 N, 77.557785 W and calculated the score to be 40.25 points. He evaluated the stream
reach 14 -1010 B at 35.296424 N, 77.555626 W and calculated the score to be 22.25 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 features labeled as "14 -1010 A
and 14 -1010 B" on the attached map(s), and highlighted in blue is subject to the Neuse Buffer Rules. The
portion of the feature labeled as "14 -1010 B" and highlighted in red and circled 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 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
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 -37161 Internet: www.ncdenr.gov
An Equal Opportunity \ Affirmative Acton Employer— Made in part by recycled paper

William Herring, Jr.
Stream Determination
Page 2 of 2
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 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,
Robert Tankard, Assistan Regional Supervisor
Water Quality Regional perations Section
Division of Water Resources, NCDENR
Attachments: USGS Topographic 1:24,000 Quadrangle Map "Kinston"
copy of sheet 11, 1977 version of Lenoir County Soil Survey
cc: DWR 401 & Buffer Permitting Unit
File Copy
Land Management Group, Inc.,
3805 Wrightsville Avenue, Suite 15, Wilmington, NC 28403
Filename 14 -1010

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