20061700 Ver 1_General Correspondence_20070607

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Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
June 7, 2007
Coleen H. Sullins, Director
Division of Water Quality
DWQ Project # 06-1700
Orange County
Page 1 of 2
CERTIFIED MAIL: RETURN RECEIPT REQUESTED
Mr. Matt Bolesky
60 Sun Forest Way
Chapel Hill, NC 27517
Subject Property: 60 Sun Valley Way
Ut to Wilson Creek [030606, 16-41-2-6, WSIV, NSW]
NOTICE OF REQUIREMENT OF 401 GENERAL CERTIFICATION WRITTEN AUTHORIZATION
Dear Mr. Bolesky:
On November 28, 2006, at your request, Ian McMillan of DWQ conducted an appeal of the Raleigh
Regional Office's previous on-site determination to review a stream feature located on the subject
property for intermittent/perennial determination. The DWQ determined that the stream feature was
perennial.
It is our understanding that you were recently issued a Nationwide Permit 29 (SAW2007-1384-268) to fill
up to 140 linear feet of this stream feature. The State 401 equivalent to NWP 29 is General Certification
No. 3631 (GC3631). This Certification allows you to fill (or culvert) up to 1501inear feet of stream if
you adhere to the Conditions of that Certification. However, Condition No. 3 of GC3631 states:
"Irrespective of other application thresholds in this General Certification, all impacts to
perennial waters and their associated buffers require written approval from DWQ since
such impacts are allowable as provided in I SA NCAC 2B. 0212 (WS-I), 2B .0213 (WS-II), 2B .0214
(WS-III) and 2B .0215 (WS-IV). Only water dependent activities, public projects and structures with
diminimus increases in impervious surfaces will be allowed as outlined in those rules. All other activities
require a variance from the delegated local government and/or the NC Environmental Management
Commission before the 401 Water Quality Certification can be processed. In addition, a 30-foot wide
vegetative buffer for low density development or a 100 foot wide vegetative buffer for high density
development must be maintained adjacent to all perennial waters except for allowances as provided under
the Water Supply Watershed Protection Rules. For the purposes of this condition, perennial waters are
defined as those shown as perennial waters on the most recent USGS 1:24,000 topographic map or as
otherwise determined by local government studies". .
Therefore, you will need to apply to, and get written concurrence from, the DWQ. This includes
submitting five copies of a complete application with all associated materials, and the appropriate fee to
the DWQ.
None Carolina
~~urally
401 Oversight/Express Review Permitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone [phone] /Fax [phone]
Internet: htto:!/h2o.enr.state.nc.us/ncwetlands
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Matt Bolesky
Page 2 of 2
June 7, 2007
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 Ian McMillan at
[phone].
Sincerely,
M ~.
Cyndi Karoly,
401 Oversight/Express Review Permitting Unit
CBK/ijm
Enclosures: GC3631
cc: Danny Smith, Supervisor, Assistance and Compliance Oversight
Sue Burke, Town of Chapel Hill, 209 N. Columbia Street, Chapel Hill, NC 27514
Reynolds J. Ivins, Orange County Soil & Erosion Control, P.O. Box 8181, Hillsborough, NC 27278
Andy Williams, USACE Raleigh Regulatory Field Office
Lauren Cobb, DWQ Raleigh Regional Office
Jason Payne, S&EC, P.A., 11010 Raven Ridge Road, Raleigh, NC 27614
File Copy
Central Files
Filename: 061700_60SunValleyWay(Orange)Notice_of 401GC_Requirement
No°e Carolina
~atura!!y
401 Oversight/Express Review Perrnitting Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone [phone] /Fax [phone]
Internet: htto://h2o.enr.state.nc.us/ncwetlands
An Equal OpportunitylAffirmatrve Action Employer- 50% Recycled110°~ Post Consumer Paper