20160574 Ver 1_Buffer Determination_20160805

PAT MCCRORY
Governor
DONALD R. VAN DER VAART
Secretary
Water Resources S. JAY ZIMMERMAN
ENVIRONMENTAL QUALITY
D7rector
August 5, 2016
DWR#16-0574
Pamlico County
LD Rice, LLC
Attn: c/o Mr. Lister D. Rice
6510 Marion Lavern Road
Huntersville, NC 28078
Subject Property: Coogee Solar Farm
UT to Sandhill Canal and Sandhill Canal, Neuse River Basin
On-Site Determination for Applicability to the Neuse River Riparian Area Protection Rules (15A NCAC 2B
.0233)
Dear Mr. Rice:
On July 19, 2016, Anthony Scarbraugh at the request of your consultant Mr. Brad Luckey of Pilot
Environmental, Inc.conducted on-site determinations to review unnamed tributary(UT)to Snadhill Canal
and Sandhill Canal located on the subject property for applicability to the Neuse Buffer Rules (15A NCAC
2B .0233). The feature is labeled as "16-0574 A and 16-0574 B" on the attached map(s) initialed by Mr.
Scarbraugh on August 5, 2016. The project is located approximately 0.3 miles northwest of intersection
of Main Street and New Ditch Farm Road, Grantsboro, Pamlico 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
16-0574 A X P @ Flag 16-0574 A Begin @ Flag 16-0574 A End
16-0574 B X Ditch @ Flag 16-0574 B Begin @ Flag 16-0574 B End
• E/I/P—Ephemeral/Intermittent/Perennial
The DWR has determined that portion of feature labeled as "16-0574 A" on the attached map(s), and
highlighted in blue is subject to the Neuse Buffer Rules. The DWR has determined that portion of
feature labeled as "16-0574 A" on the attached map(s), and highlighted in red is 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 correspondences concerning this property. This on-site determination shall expire
five (5)years from the date of this letter.
State of North Carolina Environmental Quality Water Resources—Water Quality Regional Operations—Washington Regional Office
943 Washington Square Mail,Washington,NC 27889
252-946-6481

LD Rice, LLC
c/o Mr. Lister Rice
Stream Determination
Page 2 of 2
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,Assista t Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ
Attachments: USGS Topographic 1:24,000 Quadrangle Map "Bayboro"
copy of sheet 3, 1974 version of Pamlico County Soil Survey
cc: Laserfiche
File Copy
Brad Luckey, Pilot Environmental, Inc. (via email: [e-mail])
Filename 16-0574