20030989 Ver 1_Waived Project_20031014

Michael F. Easley
Q~OF W ATFRQG Governor
William G. Ross, Jr., Secretary
y Department of Environment and Natural Resources
> ~ Alan W. Klimek, Director
p ~ Division of Water Quality
Coleen H. Sullins, Deputy Director
Division of Water Quality
October 14, 2003
William E. Goodwin
C/o: Mr. Alan Keith
Diehl & Phillips
219 E. Chatham Street
Cary, NC 27511
DWQ Project No. 03-0989
Wake County
Subject Property: Phases 11 & 12, Farmington Woods S/D, Creech Road, Raleigh, NC
UT to Walnut Creek [03-04-02, 27-34-(4), C NSW (nutrient sensitive)]
WAIVER of the 401 Water Quality Certification and Neuse River Buffer Authorization Certificate
Dear Mr. Goodwin:
Your application fora 401 Water Quality Certification and Neuse River Buffer Authorization Certificate dated August 8, 2003
was received in the Wetlands/401 Unit of the Division of Water Quality (DWQ) on August 8, 2003. According to our rules
(15A NCAC 2H .0507(A) and 15A NCAC 2B .0233(8)), if final action is not taken within sixty (60) days, the 401 Certification
and Neuse Buffer Authorization Certificate is waived unless DWQ has objected in writing to your application. Therefore,
DWQ has waived the requirement of written authorization for the use of 401 Water Quality Certification Number 3402 &
3374 (GC3402 & GC3374) and the buffer rules for your plans to impact 147 feet of intermittent streams and approximately
13,324square feet (0.31 acres) of buffers to construct a road (Maidenhair Drive) as described in your application. As such,
the stream and buffer impacts are approved. However, please be aware that you must follow the plans as described within
your application dated August 8, 2003 and all other conditions of GC3402 and the Neuse River Buffer Rules, including but
not limited to diffuse flow per 15A NCAC 2B .0233(5). You must also obtain or otherwise comply with all other required
State, Federal and Local regulations, including but not limited to DWQ Standards (15A NCAC 02B .0100 and .0200).
Please note that if additional impacts occur within the development beyond those requested within your application, this
waiver is no longer valid and a new 401 Water Quality Certification and Authorization Certificate will be required. Also,
please note that the DWQ reserves the right to conduct a compliance review of your protect to ensure compliance with the
wetland and buffer rules. If you have any questions, please telephone Mr. Bob Zarzecki at [phone].
Sincerely,
Alan W. Klimek, P.E.,
Director, DWQ
Attachments: GC3402
cc: Sean Clark, S&EC, Inc., 11010 Raven Ridge Road, Raleigh, NC 27614
DWO Raleigh Regional Office
Raleigh Regulatory Field Office of the USACE
File copy
Central Files
bz
North Carolina Division of Water Quality, 401 Wetlands Certification Unit,
1650 Mail Service Center, Raleigh, NC 27699-1650 (Mailing Address)
2321 Crabtree Blvd., Raleigh, NC 27604-2260 (Location)
919-733-1786 (phone), 919-733-6893 (fax), http://h2o.enr.state.nc.us/ncwetlands/