20010958 Ver 1_Approval Letter_20010628

OF WA TFi4 : - Michael F. Easley
Governor
co fir„ „,_, ?•^ D y"°? ' William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
Kerr T. Stevens
Division of Water Quality
June 28, 2001
t,. DWQ# 01-0958
J U L i o 2001,
. Wake County
Jerry A. Hailey, Jr.
P.O. Box 699 NC WETLANDS
Cary, NC, 27512 RESTORATION
APPROVAL of 401 Water Duality Certification and Neuse River Buffer Rules with Additional Condition
Dear Mr. Halley:
You have our approval, in accordance with the attached conditions, to place fill in 80 linear feet of streams and .11 acre of Neuse
Buffers associated with an unnamed tributary to Walnut Creek in order to construct the Waldo Street Townes Site in Wake County, as
described in your application received by the Division of Water Quality on June 25, 2001.' After reviewing your application, we have
determined that this fill is covered by General Water Quality Certification Number 3287, which can be downloaded from our web site at
http://h2o.enr.state.nc.us/ncwetlands . This Certification allows you to use Nationwide Permit Number 39 when it is issued by the
U.S. Army Corps of Engineers. This approval is also valid for the Neuse River Buffer Rules (15A NCAC 26 .0233). 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 only valid for the purpose and design that you described in your application. If you change your project, you
must notify us in writing and you may be required to send us a new application for a new certification. If the sproperty 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 condition
listed below: .
1: An additional condition is that stormwater shall be directed to diffuse flow at non-erosive velocities through:the protected stream
buffers. ` .:'.
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 1506 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.
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 Steve Mitchell in our Raleigh Regional Office at 919-571-4700 or Cyndi Karoly at 919-733-9721.
Attachments
Sin rely,
r . sevens
cc: Corps of Engineers Raleigh Field Office
Raleigh DWQ Regional Office
Ron Ferrell
Central Files
File Copy
Kevin Martin, 11010 Raven Ridge Road, Raleigh, NC, 27614
010958
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)