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HomeMy WebLinkAbout20001388 Ver 1_Approval Letter_20001122State of North Carolina Department of Environment and Natural Resources Division of Water Quality James B. Hunt, Jr., Governor Bill Holman, Secretary Kerr T. Stevens, Director ~~~~~ D E N R December 22, 2000 DWQ# 00-1388 Wake County MacGregor Development Company C/o Kevin Martin 201 Shannon Oaks Circle, Suite 201 Cary, NC, 27511 APPROVAL of 401 Water Quality Certification and Neuse River Buffer Rules with Additional Conditions Dear Mr. Martin: You have our approval, in accordance with the attached conditions, to place permanent till in 232 linear feet of streams and 0.3351 acre of wetlands, along with temporary impacts in 0.076 acre of wetlands in order to construct the Willow Creek Subdivision in Wake County, as described in your application received by the Division of Water Quality on November 1, 2000. After reviewing your application, we have determined that this fill is covered by General Water Quality Certification Numbers 3287 and 3288. This approval is also valid for the Neuse River Buffer Rules (15A NCAC 2B .0233). This Certification allows you to use Natiunwide Permit Numbers 39 and 12 when issued by the U.S. Army Corps of Engineers. In addition, you should get any other federal, state or local permits before you go ahead with your project including (but not limited to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations. Also this approval will expire when the accompanying 404 permit expires unless otherwise specified in the General Certification. This approval is unly valid for the purpose and design that you described in your application. If you change your project, you must notify us and you may be required to send us a new application for a new certification. If the property is sold, the new owner must be given a copy of the Certification and approval letter and is thereby responsible for complying with all conditions. If total wetland fills for this project (now or in the future) exceed one acre, compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the conditions listed in the attached certification and the additional conditions listed below: 1. Deed notifications or similar• mechanisms shall be placed on all lots with remaining jurisdictional wetlands and waters or areas within 50 feet of all streams and ponds. These mechanisms shall be put in place within 30 days of the date of this letter or the issuance of the 404 Permit (whichever is later). A sample deed notification format can be downloaded from the 401/Wetlands Unit web site at http://h2o.enrstate.nc.us/ncwetlands . 2. An additiunal condition is that stormwater shall be directed to diffuse tlow at non-erosive velocities through the protected stream butters. If you do not accept any of the conditions of this certification., you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition conforming to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, P.O. Box 27447, Raleigh, N.C. 27611-7447. This certification and its conditions are final and binding unless you ask for a hearing. Non-Discharge Branch 1621 Mail Service Center Raleigh, North Carolina 27699-•1621 Telephone 919-733-1786 FAX # 733-9959 An Equel Oppertunifi~ .Affirmative .Action Employer 50% recycled/10% pest consumer paper This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you have any questions, please telephone John Dorney at 919-733-9646. Sincerely, . Ste ns Attachments cc: Corps of Engineers Raleigh Field Office Raleigh DWQ Regional Office Central Files File Copy Kevin Martin, 11010 Raven Ridge Road, Raleigh, NC, 27614 001388