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Home My WebLink About20150370 Ver 1_Buffer Determination_20150427NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Governor April 27, 2015 Earl C. Mcilwean, Jr. 412 South Englewood Drive Rocky Mount, NC 27804 Subject Property: Andrews Solar Farm UT to Bachelor Creek, Neuse River Basin Donald R. van der Vaart Secretary DWQ # 15 -0370 Craven County On -Site Determination for Applicability to the Neuse River Riparian Area Protection Rules (15A NCAC 2B .0233) Dear Mr. Mcilwean: On April 22, 2015, at request of your consultant Mr. Brad Luckey of Pilot Environmental, Inc., Anthony Scarbraugh conducted on -site determination to review an unnamed tributary (UT) to Bachelor Creek located on the subject property for applicability to the Neuse Buffer Rules (15A NCAC 2B .0233. The feature is labeled as "15- 0370" on the attached map(s) initialed by Mr. Scarbraugh on April 27, 2015. The project is located at 790 Washington Post Road near the Town of New Bern, Craven County. At your request, Mr. Scarbraugh conducted on -site determination as stated above. During his review, he evaluated the stream using the DWR Stream Classification Form. He evaluated the stream reach "15- 0370" at 35.15873 N, 77.11290 W and calculated the score to be 23.25 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 feature labeled as "15- 0370" on the attached map(s), and highlighted in Wu%is subject to the Neuse Buffer Rules. The portion of the feature labeled as "15- 0370" and highlighted in AA and circled on the attached map(s), is not subject to the Neuse Buffer Rules. The feature and the 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. 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 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: 252-975-3716\ Internet www.ncdenr.gov An Equal Opportunity 1 Affirmative Action Employer— Made in pad by recycled paper Earl C. Mcilwean, Jr. Stream Determination Page 2 of 2 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, 7J-4 Robert Tankard, Assistant Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDENR Attachment: USGS Topographic 1:24,000 Quadrangle Map "Arkin" cc: DWR 401 & Buffer Permitting Unit File Copy Brad Luckey, Pilot Environmental, Inc., PO Box 128, Kernersville, NC 27285 Filename 15 -0370 SCALE 1:12000 0 1000 2000 3000 FEET 077° 06' 60.0000" W 077° 06'30.0000" W • O 11 II „ z O — - z O ° .roVo 'h p q dMfWr m� em, �, ', . ,: suft 0 - -- �. 15 -0370 j z TV . S :•r ,- .- f , o B 9i S o Ul T eeGr 0 � Fates Gi a6\e• - m ,r 2 u b t A.\ S 4y,•- m n m Z awe Q� aoe N .Les °' • GP ',� eG� � ° 20-2015 TomTonj- To 08 077' O6' 30.0000" W SCALE 1:12000 0 1000 2000 3000 FEET