20151102 Ver 1_Buffer Determination_20151118

North Carolina Department of Environmental Quality
Pat McCrory
Governor
November 18, 2015
Gary B. Smith
2639 North Beston Road
LaGrange, NC 28551
Donald R. van der Vaart
Secretary
DWR # 15 -1102
Wayne County
Subject Property: Icarus Solar Farm
UTs to West Bear Creek and Little Marsh Run, Neuse River Basin
On -Site Determination for Applicability to the Neuse River Riparian Area Protection Rules (15A NCAC 2B
.0233)
Dear Mr. Smith:
On November 17, 2015, Anthony Scarbraugh at the request of your consultant Mr. Brad Luckey of Pilot
Environmental, Inc. conducted on -site determinations to review unnamed tributaries (UTs) to West Bear
Creek and Little Marsh Run located on the subject property for applicability to the Neuse Buffer Rules (15A
NCAC 02B .0233). The features are labeled as "15 -1165 A through 15 -1165 D" on the attached map(s)
initialed by Mr. Scarbraugh on November 18, 2015. The project is located near 1091 North Beston Road in
LaGrange, Wayne County, NC.
At your request, Mr. Scarbraugh conducted on -site determinations as stated above. During his review, he
evaluated the streams using the Division of Water Resources (DWR) Stream Classification Form.
Feature
Not
Subject to
Buffers
Subject
to
Buffers
E /I /P*
Start@
Stop@
15 -1102 A
X
E (Ditch)
@ Flag 15 -1102 A Begin
@ Flag 15 -1102 A End
15 -1102 B
X
E (Man -Made
Pond)
@ Flag 15 -1102 B Begin
@ Flag 15 -1102 B End
15 -1102 C
X
E (Ditch)
@ Flag 15 -1102 C Begin
I Flag 15 -1102 C End
15 -1102 D
X
E
Not present on the Ground
• E /I /P— Ephemeral /Intermittent /Perennial
The DWR has determined that a portions of features labeled as "15 -1102 A, 15 -1102 B, 15 -1102 C, and 15-
1102 D" on the attached map(s), and highlighted in red are not subject to the Neuse Buffer Rules. The
features 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
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 -3716\ Internet: www.ncdenr.gov
An Equal OppoNunity \ Affinnatve Action Employer — Made in part by recycled paper

Gary B. Smith
Stream Determination
Page 2 of 2
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 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, 1650 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, Assistant Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ
Attachments: USGS Topographic 1:24,000 Quadrangle Map "La Grange"
copy of sheet 21, 1974 version of Wayne County Soil Survey
cc: Laserfiche
File Copy
Brad Luckey, Pilot Environmental, Inc. (via email: bluckev @pilotenviro.com)
Filename 15 -1102

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