20151130 Ver 1_Buffer Determination_20151125

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Water Resources
ENVIRONMENTAL OVMITT
Martha G. Mooring
3528 New Hope Road
LaGrange, NC 28551,1 --
Subject Property:
November 25, 2015
Moorings II Solar Farm
Ut to Bear Creek, Neuse River Basin
PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Secretary
S. JAY ZIMMERMAN
Director
DWR # 15-1130
Lenoir County
On -Site Determination for Applicability to the Neuse River Riparian Area Protection Rules (15A NCAC 2B
.0233)
Dear Ms. Mooring:
On November 24, 2015, Anthony Scarbraugh at the request of your consultant Mr. Paul Stephens of
Engineering Consulting Services, LLP conducted on-site determination to review an unnamed tributary
(Ut) to Bear Creek located on the subject property for applicability to the Neuse Buffer Rules (15A NCAC
2B .0233). The feature is labeled as "15-1130" on the attached map(s) initialed by Mr. Scarbraugh on
November 25, 2015. The project is located approximately near 301 Piney Grove Church Road near
LaGrange in Lenoir County, NC.
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-
1130" at N 35.30029, W 77.82014 and calculated the score to be 0 points. The feature was not present.
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 the portion of the feature labeled as "15-
1130" on the attached map(s), and highlighted in red 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. '
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. Landowneror 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,
State of North Carolina I Environmental Quality l Water Resources—Water Quality Regional Operations—Washington Regional Off -ice
943 Washington Square Mail, Washington, NC 27889
252-946-6481

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 1506 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 [phone].
1; ..
Sincerely,
Robert Tankard, Assistant Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ
Attachment: copy of sheet 8, 1977 version of Lenoir County Soil Survey
cc: Laserfiche
File Copy
Paul Stephens, Engineering Consulting Services, LLP (via email: osteohens(@ecslimited.com)
Filename 15-1130

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