The URL can be used to link to this page

Home My WebLink About20141262 Ver 1_Buffer Determination_20141211RESEW North Carolina Department of Environment and Natural Resources Pat McCrory Governor December 11, 2014 Mr. EJ Bundy 295 Harrell's Hill Road Mount Olive, NC 28365 Subject Property: Harrell's Hill Solar Center UTs to Thunder Swamp, Neuse River Basin John E. Skvarla, III Secretary DWQ # 14 -1262 Wayne County On -Site Determination for Applicability to the Neuse River Riparian Area Protection Rules (15A NCAC 2B .0233) Dear Mr. Bundy: On December 10, 2014, at the request of your consultant Mr. Corey Novak of Land Management Group, Inc., Anthony Scarbraugh conducted an on -site determinations to review unnamed tributaries (UTs) to Thunder Swamp located on the subject property for applicability to the Neuse Buffer Rules (15A NCAC 2B .0233). The features are labeled as "14 -1262 A, 14 -1262 B and 14 -1262 C" on the attached map(s) initialed by Mr. Scarbraugh on December 11, 2014. The project is located approximately 0.23 north of the intersection of NC Hwy 55 and Harrell's Hill Road near the Township of Mount Olive, 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 -1262 A at 35.21231 N, 78.08627 W and calculated the score to be 26.25 points. He evaluated the stream reach 14 -1262 B at 35.21428 N, 78.08519 W and calculated the score to be 26 points. He evaluated the stream reach 14 -1262 C at 35.21647 N, 78.08352 W and calculated the score to be 30 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 -1262 A, 14 -1262 B, and 14 -1262 C" on the attached map(s), and highlighted in blue are subject to the Neuse Buffer Rules. The portion of the features labeled as "14 -1262 A, 14 -1262 B, and 14 -1262 C" and highlighted in red and circled on the attached map(s), are 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 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 1 Affirmative Action Employer— Made in part by recycled paper Mr. EJ Bundy 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 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 Operations Section Division of Water Resources, NCDENR Attachments: USGS Topographic 1:24,000 Quadrangle Map "Mt. Olive" copy of sheet 41, 1974 version of Wayne County Soil Survey cc: DWR 401 & Buffer Permitting Unit File Copy Corey Novak, Land Management Group, Inc. 3805 Wrightsville Avenue, Suite 15, Wilmington, NC 28365 Filename 14 -1262 SCALE 1:12000 0 1000 2000 3000 FEET 078° 05' 30.00" W 078° 05' 00.00" W Mblt mnm llt D on 0 Vl`sr[ r �L'SOaiu.a�If� a 11 � "� V r„�z,pd it fCY q ae ®aie ryes rY�l ik` t .!N rA t' VII nuvi t �etFti "f^"'14w &W ,1 71, r 6Vr t' M 1262 A �y�� f'& �d X✓ii i3X� +AC � F} f I YW ry 3F. Y'i�"�VS* G 4.ri s��' a'ti; ��fr'{' ># ■ 3} ��S(�rt7 0 I k1�Nti..�N MO it � E i � `uyfy*�'iiSi""G j M1N 9 f E 0 14 -1262 C M 4 I 7 {r1 � D7 irl 3�fi'% 7 ti i • IrI r I I r I %1 =�•les ( 114 +ICt?''= , y 55� T— Harrell R- Hill Road �iGPl•.�/�'vj. R O Ir All 4 A 2006 -201 078° 05' If 11 11 0.00" W 078° 05' 00.00" W SCALE 1:12000 0 1000 2000 3000 FEET WAYNE COUNTY, NORTH CAROLINA - SHEET NUMBER 41