20071071 Ver 1_Approval Letter_20070710

Michael F. Easley, Governor
William G. Ross 7r., Secretary
North Carolina Department of Environment and Natural Resources
Coleen H Sullins Director
Division of Water Quality
July 10, 2007
DWQ Project # 07-1071
Pitt County
Keith Spain
Rosewood Farms, LLC.
10'1 Hooker Road
Greenville, NC 27858
Subject Property: ICittrell Homes Subdivision
Tar-Pamlico River Basin, UT to Hardee Creek
On-Site Determination for Applicability to the Tar-Pamlico River Riparian Area
Protection Rules (15A NCAC 2B :0259)
Dear Mr. Spain:
On June 20, 2007, at your request I conducted an on-site deternination to review stream feature
located on the subject property for applicability to the Tar-Pamlico Buffer Rules (15A NCAC 2B
.0259}. The feature is labeled as "07-1071" on the attached map initialed by me on July 10,
2007.
At your request, I conducted an on-site determination as stated above. During my review I
evaluated the stream using the DWQ Stream Classification Form. I evaluated the stream reach
and calculated the score to be 16 points. The form states that if the score is "greater than or
equal to 19 points the stream is at ].east intermittent".
The Division of Water Quality (DWQ) has determined that the surface water labeled as
"07-107i" on the attached map is ephemeral and is "Exempt" to the Tar-Pamlico Suffer
Rule. 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 c1o Cyndi Karoly, 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
401 Wetlands Certification Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] /FAX [phone] / Internet: httoalh2o.enr.state.nc. uslncwetlands
None Carolina
li~ra!!~

Applicant
Page 2 of 2
Date
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
1 SOB 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 me at [phone].
Sincerely,
C~~
Kyle Barnes
Environmental Spec. III
Washington Regional Office
Washington, NC
Enclosures: Property map
cc: Central Office
File Copy
Central Files
Filename: 07-1071

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