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