DWR#WT001847 Bobby Denning

NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory
Governor
May 16, 2014
Bobby Denning Properties, LLC
Mr. Robert Denning
1126 North Breazeale Avenue
Mount Olive, NC 28365
John E. Skvarla III
D W R # WT 001847
Wayne County
Subject: Complaint Investigation of Property Located off Hwy. 55 and West Main Street
Mount Olive (Tax PIN# 2573215872)
Neuse River Basin, Thunder Swamp [NEU 05, 27- 54 -5 -1; NSW, C]
Dear Mr. Denning
On April 29, 2014 this Office received a complaint of riparian buffers being cleared at
the above noted property. The site was investigated on May 13, 2014 by Mr. Roberto
Scheller of the Surface Water Protection Section. The investigation found that a stream
crossing the property is subject to the Neuse River Riparian Buffers Rules in accordance
with North Carolina Administrative Code 15A NCAC 02B .0233. It was noted that Zone I
of the riparian buffers had been cleared. Please be advised that in accordance with the
Neuse River Basin Riparian Buffer Rules, Zone I of the riparian buffer shall consist of a
vegetated area that is undisturbed except for uses provided for in Item (6) of the rule
15A NCAC 02B .0233 (4)(a). Zone I shall begin at the most landward limit of the top of
bank or the rooted herbaceous vegetation and extend landward a distance of 30 feet on
all sides of the surface water. Zone 2, the next 20 feet of the 50 foot riparian buffer,
shall consist of stable vegetated area that is undisturbed except for activities and uses
provided for in Item (6) of the Neuse buffer Rules.
The investigation of the subject property revealed that impacts to the riparian buffers
also occurred under previous ownership; therefore, the Division of Water Resources will
not issue a Notice of Violations (NOV), but require that Zone 1 of the riparian buffer be
DWR -Water Quality Regional Operations Section— Washington Regional Office Internet: wwwnedennaoc
943 Washington Square Mall Phone: [phone]
Washington, NC 27889 FAX: [phone]

Bobby Denning Properties, LLC
Mr. Robert Denning
Page 2 of 2
allow to regenerate. Zone 2 of the riparian buffer may be mowed and maintained in
cover vegetation.
Please be advised that failure to comply with the above noted requirements will result
in a Notice of Violation and may subject you to civil penalty assessment of up to
$25,000.00 per day for each violation. It is therefore necessary to respond to this
correspondence in writing within 30 days of the date of this letter stating corrective
actions taken. Enclosed for your reference is a pamphlet on riparian buffers. Should
you have any questions regarding these matters please contact myself at (252) 948-
3940.
Sincerely,
Roberto Scheller
Environmental Specialist
Division of Water Resources
cc: Jeffery Kornegay, 300 East Walnut Street, Goldsboro, NC 27530
DWR Webscape Unit
DEMLR, WaRO
File copy
Filename: 09 -0407