20110498 Ver 1_Buffer Determination_20110531

NCDENR
North Carolina Department of Environment and Natural Resources
Beverly Eaves Perdue
Governor
B.R. Kornegay, Inc.
Mr. Jeffery Kornegay
Post Office Drawer 1435
Goldsboro, NC 27533
Division of Water Quality
Coleen H. Sullins
Director
May 31, 2011
Dee Freeman
Secretary
DWQ EXP# 11-0498
Wayne County
Subject Property: David Simmons Property off South Slocumb Street and Westbrook Road (SRI 919)
Unnamed Tributary to Stony Creek, 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 May 24, 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 213 .0233). The features are labeled "11-0498 A" on the
attached maps and initialed by me on May 25, 2011.
The Division of Water Quality (DWQ) has determined that the feature labeled as "11-0498 All on the attached
maps, and highlighted in red is not subject to the Neuse Buffer Rules. The feature starts at the pond overflow outlet,
marked on the ground with yellow DWQ flagging, (N 35° 21.112' W 77° 59.302') and continues down gradient to the
inlet of a culvert on the City of Goldsboro property (N 35° 20.987' W 771 59.306') and is marked 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. 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 Domey, 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
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 1508 of the North Carolina General
North Carolina Division of Water Quality
943 Washington Square Mall
Washington, NC 27889
Phone: 252-946-&4811 FAX: [phone]
Internet: www.ncwaterquality.orq
An Equal Opportunity 1 Affirmative Action Employer
ne hCarolina
Nturallp,
Statutes to the Office of Administrative I learings, 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 butter 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.
For
Attachments: Wayne County Soil Survey map
USGS Southeast Goldsboro Quad map
Goggle Earth map
cc: DWQ 401/Wetland Express Unit
File Copy
Filename 11-0498
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