20190442 Ver 1_Determination Letter_20190515

May 13, 2019

Duncan Family Irrevocable Trust
Attn: Reid F. Duncan, Jr. Trustee
5960 US Highway 17 South
New Bern, NC 28562
DWR #19-0442
CRAVEN County

Subject: On-Site Determination for Applicability to Neuse Riparian Buffer Rules (15A NCAC 02B .0233)

Subject Property/ Project Name: Pecan Grove Solar, LLC
Address/Location: 6075 US Highway 17 South, New Bern
Stream(s) Evaluated: Unnamed Tributary to Deep Gulley Creek and Deep Gulley Creek
Determination Date: 04/29/19 Staff: Anthony Scarbraugh
Determination Type:
Buffer: Stream:
Neuse (15A NCAC 02B .0233)
Tar-Pamlico (15A NCAC 02B .0259)
Catawba (15A NCAC 02B .0243)
Jordan (15A NCAC 02B .0267) (governmental
and/or interjurisdictional projects)
Randleman (15A NCAC 02B .0250)
Goose Creek (15A NCAC 02B .0605-.0608)
Intermittent/Perennial Determination

*E/I/P/NSP = Ephemeral/Intermittent/Perennial/No Stream Present

The Division of Water Resources has determined that the streams listed above and included on the
attached map have been located on the most recent published NRCS Soil Survey of CRAVEN County, North
Carolina and/or the most recent copy of the USGS Topographic map at a 1:24,000 scale and evaluated for
applicability to the NEUSE River Riparian Buffer Rules. Each stream that is checked

“Not Subject” has been determined to not be at least intermittent or not present on the property.
Streams that are checked “Subject” have been located on the property and possess characteristics that
qualify them to be at least intermittent streams. There may be other streams or features located on the
Stream E/I/P* Not
Subject
Subject Start@ Stop@ Soil
Survey
USGS
Topo
19-0442 A P X Flag: 19-0442 A
Begin
Flag: 19-0442
A End
X X
19-0442 B P X Flag: 19-0442 B
Begin
Flag: 19-0442
B End
X X
CRAVEN County Page 2 of 2
property that do not appear on the maps referenced above but may be considered jurisdictional according
to the US Army Corps of Engineers and subject to the Clean Water Act.
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 may request a determination by the Director.
An appeal request must be made within sixty (60) calendar days of date of this letter to the Director in
writing.
If sending via US Postal Service:
c/o Karen Higgins
DWR – 401 & Buffer Permitting Unit
1617 Mail Service Center
Raleigh, NC 27699-1617
If sending via delivery service (UPS, FedEx, etc.):
c/o Karen Higgins
DWR – 401 & Buffer Permitting Unit
512 N. Salisbury Street
Raleigh, NC 27604
This determination is final and binding as detailed above, unless an appeal is requested within sixty (60)
days.
This determination only addresses the applicability to the buffer rules and does not approve any activity
within the buffers. The project may require a Section 404/401 Permit for the proposed activity. Any
inquiries regarding applicability to the Clean Water Act should be directed to the US Army Corps of
Engineers Washington Regulatory Field Office at [phone].
If you have questions regarding this determination, please feel free to contact Anthony Scarbraugh at
[phone].
Sincerely,
Robert Tankard, Assistant Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ
cc: LASERFICHE
Jerry R. Jones, DEMLR (via email)
Frederick Flagstad, GreenGo Energy US, Inc. (via email: [e-mail])
USGS Topgraphic Map
Write a description for your map.
Legend
Subject
1000 ft
N➤➤N
Neuse
05/13 19
Neuse05/1319