20071206 Ver 1_Buffer Determination_20070711

OF W A rF9 Michael F.Easley,Governor
Q William G.Ross Jr.,Secretary
North Carolina Department of Environment and Natural Resources
tuiav
Coleen H Sullins Director
Division of Water Quality
July 11, 2007
Bill Clark Homes of Greenville, LLC.
200 East Arlington Blvd., Suite A
Greenville, NC 27858
Subject Property: Grey Fox Run
UT to Hardee Creek, 030305, 28-97, C, NSW
Tar-Pamlico River Basin
On-Site Evaluation to determine Intermittent or Perennial Stream
Dear Sir or Madam:
On June 12, 2007, at the request of your consultant, Stroud Engineering, PA., I conducted
an on-site evaluation to review a stream feature located on the subject property to
determine if the stream feature is Intermittent or Perennial. The feature is labeled as "07-
1071 " (the portion hi-lighted in blue), on the attached map initialed by me on July 11, 2007.
The Division of Water Quality (DWQ) has determined that the feature labeled as "07-
1071" on the attached maps is Intermittent. 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 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 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 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 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.
North Carolina Division of Water Quality Intemet ivaw.nctiatermialit .
943 Washington Square Mall Phone: [phone] One
Washington.NC27889 FAX [phone] NorthC~arollnn

ti
This letter does not 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 contact
me at (252)-948-3917.
Sincerely,
Kyle Barnes
Environmental Senior Specialist
Division of Water Quality
Surface Water Protection
Washington Regional Office
Enclosures: USGS 1:24000 Quad map
cc: DWQ WaRO file
DWQ Central Office, Ian McMillan
USACE/Washington Field Office
Andy Mundy, Stroud Engineering, PA., 107-B Commerce Street
Greenville, NC 27858

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