20110163 Ver 1_Buffer Determination_20110224

NOR*
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North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins
Governor Director
February 24, 2011
B.R. Kornegay, Inc.
Mr. Jeffrey Kornegay
Post Office Drawer 1435
Goldsboro, NC 27533
Dee Freeman
Secretary
DWQ EXP# 11-0163
Wayne County
Subject Property: Southern Belle Motel off Hwy. 117 South and Hwy. 55 in Mount Olive
Drainage Feature to Lee Branch, Neuse River Basin
On-Site Determination for Applicability to the Neuse River Riparian Area Protection Rules (15A NCAC
2B.0233)-EXPRESS REVIEW PROGRAM
Dear Mr. Kornegay:
On February 22, 2011, at your request, I conducted an on-site determination to review a drainage feature located on the
subject property for applicability to the Neuse Buffer Rules (15A NCAC 2B .0233). The feature is labeled as "Point A to
Point B" on the attached maps and initialed by me on February 22, 2011.
The Division of Water Quality (DWQ) has determined that the feature labeled from "Point A to Point B" on the
attached maps, and highlighted in red is not subject to the Neuse Buffer Rules. The subject feature is marked on the
ground with yellow DWQ flagging and starts at Point A, next to SR 1146, Bert Martin Road, (N 35° 12.848' W 78°
04.209') and follows the drainage feature down gradient to Point B (N 35° 12.865' W 78° 04.056') marked on the ground
with yellow DWQ flagging. The owner (or future owners) should notify the DWQ (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.
Please note that although this Office does not consider the above noted drainage feature subject to the Neuse Riparian
Buffers the US Army Corp of Engineers may consider the subject feature 404 wetlands. It is therefore recommended that
the Corp of Engineers be contacted before any excavation or fill work commences in or around the drainage feature.
Landowners or affected parties that dispute a determination made by the DWQ 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 John Dorney, DWQ Wetlands/401 Unit, 2321
Crabtree Blvd., Raleigh, NC 27604-2260. Individuals that dispute a determination by the DWQ or Delegated Local
Authority that "exempts" a surface water from the buffer rule may ask for an adjudicatory hearing. You must act within
With Carolina Division of water Quality
943 Washington Square Mal
Washington, NC 27889
Phone: [phone]\ FAX: [phone]
Internet www.ncwateiqualty.orq
An Equail Opportunity \ Aftmadve Action Employer
One
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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. DWQ
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 Roberto Scheller in the Washington Regional Office at (252) 948-
3940.
Sincer Iy,
For of en . Sullins
Attachments: Wayne County Soil Survey map
USGS Mt Olive Quad map
Goggle Earth map
cc: DWQ 401/Wetland Express Unit
File Copy
Filename 11-0163
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Name: MT OLIVE Location: 035° 12'54.15" N 078° 04'09.76" W
Date: 2/23/2011 Caption: Southem Belle Motel
Scale: 1 inch equals 1000 feet Wayne County, Mount Olive

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