20110497 Ver 1_Buffer Determination_20131104

C_
DENR
North Carolina Department of Environment and Natural Resources
Division of Water Resources
Water Quality Programs
Pat McCrory Thomas A. Reeder John E. Skvarla, III
Governor Director Secretary
January 17, 2014
DWQ # 11 -0497
Wayne County
Harry & Mollie, LLC and Ivey and Swain II, LLC
Mr. Ted Ivey
229 NC Highway 111 South
Goldsboro, NC 27534
Subject Property: Ted Ivey Site off McLain Street (SR 1758)
UT to Stony Creek, Neuse River Basin
On -Site Determination for Applicability to the Neuse River Riparian Area Protection Rules (15A NCAC 2B
.0233)
Dear Mr. Ivey:
On November 4, 2013, at request of your agent Ms. Kim Williams of Land Management Group, Inc.,
Anthony Scarbraugh conducted an on -site determination to review the flagging of the top bank on a
unnamed tributary (UT) to Stony Creek located on the property for applicability to the Neuse Buffer
Rules (15A NCAC 2B .0233). This Office approves the attached map initialed by me on January 17, 2014
depicting the top of bank location and associated Neuse River Riparian Buffer. Please note a stream
determination was conducted by Mr. Roberto Scheller on May 24, 2011 and the feature was identified
as "11 -0497 A" was determined to be subject to the Neuse Buffer Rules on May 25, 2011. In addition,
the previous on -site determination shall expire five (5) years from the date of the previous Division of
Water Resources letter issued May 31, 2011.
The owner (or future owners) should notify the Division of Water Resources (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 previous DWR letter issued May 31, 2011.
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
WaterQliardy Regional Operations Section
943 Wasti*tnn Square Mall, Washington, North Carolina 27899
Phone: [phone] FAX: [phone]
Internet .narater.om
An Equal OppuhmitylAttama6m Action Employer

Harry & Mollie, LLC and Ivey and Swain II, LLC
Mr. Ted Ivey
DWR # 11 -0497
Stream Determination
Page 2 of 2
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.
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.
n'tal Senior Specialist
r Quality Regional Operations Section
)Regional Office
Attachment: Ted Ivey Top of Bank Locations
cc: DWR 401 & Buffer Permitting Unit
File Copy
Harry & Mollie
Mr. Jeffrey Kornegay, B.R. Kornegay, Inc.,
300 East Walnut Street, Goldsboro, NC 27530
Kim Williams, Land Management Group, Inc.
3805 Wrightsville Avenue, Suite 15, Wilmington, NC 28403