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HomeMy WebLinkAbout20160572 Ver 1_Buffer Determination_20160607Water -Resources ENVIRONMENTAL QUALITY June 7, 2016 Hood Solar Farm, LLC Attn: Mrs. Theodoscia Proctor 689 Hood Swamp Road Goldsboro, NC 27534 PAT MCCRORY Go"mw DONALD R. VAN DER VAART seimar) S. JAY ZIMMERMAN Director DWR k 16-0572 Wayne County Subject Property: Hood Solar Farm, LLC UT to West Bear Creek and West Bear Creek, Neuse River Basin On -Site Determination for Applicability to the Neuse River Riparian Area Protection Rules (15A NCAC 2B .0233) Dear Mrs. Proctor: On June 6, 2016, Anthony Scarbraugh at the request of your consultant Paul Pascarosa of Headwater Environmental, Inc. conducted on-site determinations to review unnamed tributary (UT) to West Bear Creek and a feature known as West Bear Creek located on the subject property for applicability to the Neuse Buffer Rules (15A NCAC 2B .0233). The features are labeled as "Stream A and Stream B" on the attached map(s) initialed by Mr. Scarbraugh on June 7, 2016. The project is located at 747 Hood Swamp Road near the City of Goldsboro, Wayne County. 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 E/I/P* Start@ Stop@ Subject to to Buffers Buffers Stream A X P @ Flag Stream A Begin @ Flag Stream A End Stream B X P @ Flag Stream B Begin @ Flag Stream B End • E/I/P—Ephemeral/Intermittent/Perennial The DWR has determined that portion of features labeled as "Stream A and Stream B" on the attached map(s), and highlighted in blue are 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 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 State of North Carolina I Environmental Quality] Water Resources -Water Quality Regional Operations -Washington Regional Office 943 Washington Square Mail, Washington, NC 27889 252-946-6481 Hood Solar Farm, LLC Attn: Mrs. Theodoscia Proctor Stream Determination Page 2 of 2 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 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 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 Re ional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ Attachments: Figure 1 Location Map Figure 2 Soil Map cc: Laserfiche File Copy Paul Pascarosa, Headwater Environmental, Inc. (email: Paul@headwaterenvironmental.com) Filename 16-0572 YA Ay A .:;� Sy,..' �� .'_ ;.,��'^ • 'tit=`�. •'>`. ^� , l Nf �c P �' ... 1� 3.� IIS \ Ls • LEGEND `1 — Site BoundaryX Ra HEADWATER ENVIRONMENTAL, INC. 512 Sweetbay Court Wilmington, North Carolina Date: 06101/2016 Prepared by: DFH J IN 5 r lei Source: FIGURE 2 ARCHIVED SOIL MAP Natural Resources Conservation Hood Solar Farm, LLC Service (NRCS), Proctor Site Archived Soil Survey, dated 1974 747 Hood Swamp Road Goldsboro, Wayne County, NC H Env Project #201612 Scale V-700'