20160744 Ver 1_Buffer and/or Stream Determination_20160906

Environmental
Quality
PAT MCCRORY
Oovemor
DONALD R. VAN DER VAART
Secretary
JAY ZIMMERMAN
DWR Director
September 6, 2016
DWR q 16.0744
Jones County
Trent River Farm, LLC
Attn: Mr. Doug Soitow
3732 Mallard Cove Landing
New Bern, NC 28562
Subject Property: Trent River Solar Farm
UTs to Trent River, Neuse River Basin
On -Site Determination for Applicability to the Neuse River Riparian Area Protection Rules (15A NCAC 2B
.0233)
Dear Mr. Soltow:
On August 30, 2016, at your request consultant Ms. Alexandra Perillo of ECS Carolinas, LLP, Anthony
Scarbraugh conducted on-site determinations to review unnamed tributaries (UTs) to Trent River located
on the subject property for applicability to the Neuse Buffer Rules (15A NCAC 2B .0233). The features are
labeled as "16-0744 A and 16-0744 B" on the attached map(s) initialed by Mr. Scarbraugh on September
6, 2016. The project is located at 6461 US Highway 17 Business in Jones 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*
Stan@
Stop@
Subject
to
to
Buffers
Buffers
16-0744 A
X
E
@ Fla 16-0744 A Begin
@ Fla 16.0744 A End
16-0744 B
X
E
@ Fla 16-0744 B Begin
@ Fla 16-0744 B E/I
08-1853 B
X I
@ Fla 16-0744 B Ell
@ Fla 16-0744 B End
• E/I/P—Ephemeral/Intermittent/Perennial
The DWR has determined that portion of features labeled as "16-0744A and 16-0744 B" on the attached
map(s), and highlighted in red are not subject to the Neuse Buffer Rules. The DWR has determined that
portion of feature labeled as "16-0744 B" on the attached map(s), and highlighted in blue is 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.
<-' Nothing Compares...
State of North Carolina I Environmental Quality I Water Resources -Water Quality Regional Operations Section -Washington Regional Office
947 Washington Square Mall, Washington, North Carolina 27889
252-946-6481

Trent River Farm, LLC
Attn: Mr. Doug Soltow
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 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 letteronly 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].
Sincerely,
,�z" Z. /
Robert Tankard, Assistant Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ
Attachment: copy of sheet 6, 1981 version of Jones County Soil Survey
cc: Laserfiche
File Copy
Alexandra Perillo, ECS Carolinas, LLP (via email:[e-mail])
Filename 16-0744