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HomeMy WebLinkAbout20151131 Ver 1_Buffer Determination_20160115�F Water Resources ENVIRONMENTAL QUALITY Alonza Roberson 14614 US Highway 64 Williamston, NC 27892 Subject Property: Dear Mr. Roberson: January 15, 2016 Williamston West Farm Ut to Beaverdam Creek, Roanoke River Basin PAT MCCRORY G"vemar DONALD R. VAN DER VAART Secretary S. JAY ZIMMERMAN Director DWQ # 15-1131 Martin County On November 24, 2015, at the request of your consultant Mr. Paul Stephens of ECS Carolinas, LLP, Anthony Scarbraugh conducted on-site determination to review unnamed tributary (Ut) to Beaverdam Creek located on the subject property to determine if the feature would be considered stream using the NC Division of Water Resources Stream Classification Form. On December 24, 2015, Mr. Scarbraugh conducted an additional on-site determination to review another Ut to Beaverdam Creek at the subject site at the request of your consultant. This on-site determination supersedes the determination issued on November 25, 2015. The features are labeled as "15-1131 and 15-1131 V2" on the attached map(s) initialed by Mr. Scarbraugh on January 15, 2016. The project is located near 14698 US 64 near the Town of Williamston, Martin County. The Division of Water Resources (DWR) has determined that a portion of features labeled as "15-1131 and 15-1131 V2" on the attached maps, and highlighted in blue are considered stream. A portion of features labeled as "15-1131 and 15-1131 V2" on the attached maps, and highlighted in red are not considered stream. The stream labeled as "15-1131" starts at 35.83815 N, 77.10906 and continues downstream offsite. The stream labeled as "15-1131 V2" starts at 35.83570 N, 77.10926 and continues downstream offsite. 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. 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 State of North Carolina I Environmental Quality I Water Resources —Water Quality Regional Operations—Washington Regional Office 943 Washington Square Mail, Washington, NC 27889 252-946-6481 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 Attachment: Figure 5 Flagging Location Map cc: DWR 401 & Buffer Permitting Unit File Copy Paul Stephens, ECS Carolinas, LLP (via email: pstephens@ecslimited.com) Filename 15-1131 THE WATERS OF THE U.S. LOCATIONS SHOWN ON THIS MAP ARE APPROXIMATE. THE ORIGINAL SITE HAS BEEN DELINEATED BY ECS (9-12- 13). THE ADDITIONAL AREA HAS BEEN DELINEATED (10/6/15). THE ORIGINAL SITE HAS BEEN FIELD VERIFIED BY THE USACE AND NCDWR (1-16.14). THE ADDITIONAL AREA HAS BEEN VERIFIED BY THE USACE a NCDEO (11/24115). THEY HAVE NOT BEEN SURVEYED. THIS MAP IS FOR PRELIMINARY PLANNING PURPOSES. STATE BUFFERS ARE NOT REQUIRED FOR THE SITE. A LOCAL BUFFER OF 30 FEET IS REQUIRED FOR PERENNIAL WATERS BASED ON THE USGS TOPOGRAPHIC MAP AND/OR LOCAL STUDIES FOR MARTIN COUNTY. FLAG NUMBERSANFO I LEGEND WETLAND/JURISDICTIONAL Approximate Location of Site Boundary TRIBUTARY FLAGS = Approximate Location of Additional Area Q Approximate Location of Wetland Area STREAWPOND FLAGS = Approximate Location of Stream Stream Flags = 0 — — Approximate Location of JD Feature Pond Flags = 0 ------ Approximate Location of Non -JD Feature Wetland Flags = 90 Approximate Location of Culvert DP -1 0 Approximate Location of Data Point Total Flags = 90 _ Approximate Location of 30'-0 Buffer — - State Buffer Requirements: None Watershed Classification = WS -IV _ :. ,:.^.�•. -. '- '-b ,- --- Watershed = Roanoke River Basin < Nearest Water Body = Beaverdam Creek Local Buffer Requirements: 30.0' /`- Jurisdictional Stream; determined by USACE/DWR S 13II� ' f'`Ti's� FG WA 1-57 WB 1-16 SOURCE: Martin County GIS �t graph and � otes DATE—L:'f -poL DWR Permit No. 1 1f ' L DP -4 FIGURE 5 FLAGGING LOCATION MAP Williamston West Farm - Proposed Solar Site 14614 U.S. Highway 64 Williamston, Martin County, North Carolina ECS Project No.: 06:22736-C