20141318 Ver 1_Buffer Determination_20150123

NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
January 23, 2015
Sheila Rae Perry
1908 Georgia Lane
Kill Devil Hills, NC 27948
Joshua A. Perry, III
183 Happy Top Road
Clay City, KY 40312
Subject Property: Sunbury Farm
UTs to Raynor Swamp, Chowan River Basin
On -Site Determination
Dear Ms. Perry and Mr. Perry:
Donald R. van der Vaart
Secretary
DWR # 14 -1318
Gates County
On January 21, 2015, at the request of your consultant Mr. Cory Darnell of ECS Carolinas, LLP, Anthony
Scarbrough conducted on -site determinations to review unnamed tributaries (Uts) to Raynor Swamp
located on the subject property to determine if the features would be considered streams using the INC
Division of Water Resources Stream Classification Form. The features are labeled as "14 -1318 A, 14 -1318 B,
14 -1318 C, 14 -1318 D, and 14 -1318 E" on the attached map(s) initialed by Mr. Scarbraugh on January 23,
2015. The project is located at 1187 East Highway 158 near the Town of Sunbury, Gates County. These
determination were conducted in accordance with 15A NCAC .026 .0211.
The Division of Water Resources (DWR) has determined that a portion of features labeled as "14 -1318 A
and 14 -1318 E" oh the attached map(s), and highlighted in blue are considered streams. The DWR has
determined that a portion of features labeled as "14 -1318 B, 14 -1318 C, and 14 -1318 D" on the attached
map(s), and highlighted in red are not considered streams. These features and any other wetlands and
surface waters should be identified on any future plans for this property.
i
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 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
may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter.
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Division of Water Resources - Water Quality Regional Operations Section - Washington Regional Office
943 Washington Square Mall, Washington, NC 27889
Phone: 252 - 946 -6481 1 Fax: [phone] Internet: www,ncdenr.gov
An Equal Opportunity (Affirmative Action Employer — Made in part by recycled paper

Sheila Ray Perry and Joshua A. Perry, III
Stream Determination
Page 2 of 2
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 stream determinations and does not 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, Assistant Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDENR
Attachments: USGS Topographic 1:24,000 Quadrangle Map "Sunbury"
Figure 5 Flagging Location Map
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cc: DWR 401 & Buffer Permitting Unit
File Copy
Cory Darnell, ECS Carolinas, LLP,
9001 GlenIwood Avenue, Raleigh, NC 27617
Filename 14 -1318

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THE WETLAND/POND LOCATIONS SHOWN ON THIS MAP ARE APPROXIMATE. THEY HAVE BEEN DELINEATED BY ECS ON (12/02/141. THEY
HAVE NOT BEEN VERIFIED BY THE USACE OR NCDWR. THEY HAVE NOT BEEN SURVEYED. THIS MAP IS FOR PRELIMINARY PLANNING
PURPOSES JURISDICTIONAL AREAS ARE SUBJECT TO AGENCY VERIFICATION. STATE BUFFERS ARE NOT REQUIRED FOR THE SITE.
LOCAL BUFFERS ARE NOT REQUIRED FOR THE SITE. HOWEVER, GATES COUNTY HAS A SPECIAL USE PERMIT THAT IS REQUIRED
THEIR FLOODPLAIN ORDINANCE. THIS PERMIT IS BASED OFF THE ELEVATION
FOR
OF THE FLOODPLAIN AREAS.
LEGEND
•' Approximate Location of Site Boundary
FLAG NUMBERSANFO
' ' Approximate Location of Jurisdictional Tributary
W ETLAND/JURISDICTIONAL
Approximate Location of Wetland
TRIBUTARY FLAGS.
••••••• Approximate Location ofNon- JurisdlCtionalFealure
Approximate Location of Culvert
STREAWPOND FLAGS=
DP -1 o Approximate Location of Data Point
O
Stream Flags = 0
Approximate Location of Cemetery
Pond Flags = 7
® Approximale Location Of Pond
Wetland Flags = 120
Total Flags =127
State Buffer Reuuire nts, Now e-
Watershed Classifindon = Class C PA1 -7
Watershed = Chowan River Basin w f
Nearest Water Body =Raynor Swamp �- -. , WAA1 -4
Local Butter Requirements: Noce TT PA4 1
e .
Cemetery
WA1 -43
TT P/L
DP -1 J.T. Tributary
L
DP -2 Pick up, T.O.B.
� -� '
SOURCE:
Gates County GIS
2012 Aerial Photograph and
ECS Field Notes
Not to Scale
J.T. Pond
Pick up, T.O.B.
WB1 -80 + .
TT PA. N , a .: M
At
At
A
FIGURE 5
FLAGGING LOCATION MAP
Sunbury Solar Farm —100 Acres
1187 East US 158 Highway
Sunbury, Gates County, North Carolina
ECS Project No.06: 22195