20141194 Ver 1_Buffer Determination_20141209

NC®ENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
December 9, 2014
Ms. Emily Exum
2109 St. George Street
Kinston, NC 28504
Subject Property: Exum Solar Farm
UTs to Contentnea Creek, Neuse River Basin
John E. Skvarla, III
Secretary
D W Q g 14 -1194
Lenoir County
On -Site Determination for Applicability to the Neuse River Riparian Area Protection Rules (15A NCAC 2B
.0233)
Dear Ms. Exum:
On December 8, 2014, at the request of your consultant Mr. Brad Luckey of Pilot Environmental, Inc.,
Anthony Scarbraugh conducted an on -site determinations to review unnamed tributaries (UTs) to
Contentnea Creek located on the subject property for applicability to the Neuse Buffer Rules (15A NCAC 2B
.0233. The features are labeled as "14 -1194 A, 14 -1194 B, and 14 -1194 C' on the attached map(s) initialed
by Mr. Scarbraugh on December 9, 2014. The project is located directly north of intersection of Harvey
Rouse Road and Contentnea Road near the Town of Grifton, 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 reaches 14-
1194 A at 35.37018 N, 77.45129 W, 14 -1194 B at 35.37053 N, 7745309 W and 14 -1194 C at 35.37101 N,
77.45568 W and found evidence that these are a man -made feature not constructed for the purposes of
navigational access. North Carolina Administrative Code 15A NCAC 02B .0233(3)(a)(ii) states "Ditches and
manmade conveyances other than modified natural streams unless constructed for navigation or boat
access" are exempt from the riparian are requirements." 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 -1194 A,
14 -1194 B, and 14 -1194 V on the attached map(s), and highlighted in red 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: [phone] Internet: www.ncdenr.gov
An Equal Opportunity 1 Affirmative Action Employer— Made in part by recycled paper

Ms. Emily Exum
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,
—T"q
Robert Tankard, Assistant Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDENR
Attachments: USGS Topographic 1:24,000 Quadrangle Map "Griffon"
copy of sheet 7, 1977 version of Lenoir County Soil Survey
cc: DWR 401 & Buffer Permitting Unit
File Copy
Brad Luckey, Pilot Environmental, Inc.
PO Box 128, Kernersville, NC 27285
Filename 14 -1194

SCALE 1:12000
0 1000 2000 3000
FEET
077° 27'%0,00"
W 077° 2T'00
00° W
G
j/ <e",
e V
�.
Norirtlst
G°<aa
'� �
P�O�eet'FL
� •� Fcr
171 . �, 1. oaten a
PI ,
Si0
-- O� � ,R d t '�•�
� , ,�
z
lV
°
14 -1194 C
hington R
(V
i "r'10 °yHUg R Oa
14 -1194 A
F
Co '
o e
nt nr. e
C a`�flV
sac
v
�j
'Res
' l . _
ugh\
nd' _•
•. .
•o •
r
s
iArr
�
O
� NaNe•
a �' �'. 1
N
O
lt' _�_ _�'.
bra•, -
t,'
m �
_
Z-
z
8
y0
M
a
N
0q2j 200&201 m7 N
077° 2T
0.00" W 077° 27' 0.00" W
SCALE 1:12000
0 1000 2000 3000
FEET

NORTH CAROLINA - SHEET NUMBER 7