20141319 Ver 1_Buffer Determination_20150217

NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory Donald R. van der Vaart
Governor I Secretary
February 17, 2015
DWR # 14 -1319
Wayne County
1C Uzzell, Jr.
441 Lake Wackena Road
Goldsboro, NC 27534
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Subject Property: Poplar Farm
UTs to Walnut Creek (Lake Wackena and Spring Lake, Neuse River Basin
On -Site Determination
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Dear Mr. Uzzell:
On February 9, 2015, at the request of your consultant Mr. Cory Darnell of ECS Carolinas, LLP, Anthony
Scarbraugh conducted on -site determinations to review unnamed tributaries (Uts) to Walnut Creek located
on the subject property to determine if the features would be considered streams using the NC Division of
Water Resources Stream Classification Form and for applicability to the Neuse Buffer Rules (15A NCAC 2B
.0233). The features are labeled as "14 -1319 A, 14 -1319 B, 14 -1319 C, 14 -1319 D, and 14 -1319 E" on the
attached map(s) initialed by Mr. Scarbraugh on February 17, 2015. The project is located near 5538 US
Highway 70 near the Town of Goldsboro, Wayne County. These determination were conducted in
accordance with 15A NCAC .02B .0211 and 15A NCAC .02B .0233.
The Division of Water Resources (DWR) has determined that the features labeled as "14 -1319 A, 14 -1319
B, 14 -1319 C, 141319 D, and 14 -1318 E" on the attached map(s), and highlighted in red are not
considered streams. In addition, these features were not present on either the most recent version of the
soil survey prepared by the Natural Resources Conversation Service of the United States Department of
Agriculture or the most recent version of the 1:24,000 scale (7.5 minute) quadrangle topographic maps
prepared by the Unites States Geological Survey (USGS). Therefore, the DWR has determined that the
features labeled as "14 -1319 A, 14 -1319 B, 14 -1319 C, 14 -1319 D, and 14 -1318 E" on the attached map(s),
and highlighted in red are not subject to the Neuse Buffer Rules. These features and any other wetlands
and surface waters 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. 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
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Division of Water Resources - Water Quality Regional Operations Section - Washington Regional Office
943 Washington Square Mall, Washington, NC 27889
I Phone: 252 - 946-64811 Fax: [phone] Internet: www.ncdenr.gov
An Equal Opportunity l Affirmative Action Employer— Made in part by recycled paper

JC Uzzell, Jr.
Stream Determination
Page 2 of 2
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 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: Figure 5 Flagging Location Map
cc: DWR 401 & Buffer Permitting Unit
File Copy I
Cory Darnell, ECS Carolinas, LLP,
9001 Gleniwood Avenue, Raleigh, NC 27617
Filename 14 -1319

THE STREA/AWETLAND LOCATIONS SHOWN ON THIS MAP ARE APPROXIMATE. THEY HAVE BEEN DELINEATED BY ECS ON 11/12/2014. 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, A 50'-0 STATE BUFFER IS REQUIRED FOR FEATURES
LOCATED IN THE NEUSE RIVER BASIN.
LEGEND
Approximate Location of Site Boundary
eNo Approximate Location of Perennial Stream
c=> Approximate Location of Wetland
— — Approximate Location of Jurisdictional Feature
Approximate Location of Culvert
DP-1 0 Approximate Location of Data Point
Approximate Location of 50' State Buffer
State Buffer Requirements: 50'-0
Watershed Classification = Class C; NSW
Watershed = Neuse River Basin
Nearest Water Body = Spring Lake & Lake Wackena
Local Buffer Requirements: None
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DP -1
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MANIIw
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SOURCE:
Wayne County GIS
2013 Aerial Photograph and
ECS Field Notes
Not to Scale'
Iq_1%0
FLAG NUMBERSANFO
WETLAND /JURISDICTIONAL
TRIBUTARY FLAGS =
STREAMMOND FLAGS =
Stream Flags = 0
Pond Flags = 0
Welland Flags = 0
Total Flags = 0
Off -site Wetlands Not Flagged
1 y- f 715 l�
FIGURE 5
WETLAND /STREAM
FLAGGING LOCATION MAP
Poplar Solar, LLC
5538 US Highway 70 East
Goldsboro, Wayne County, NC
22161