20020831 Ver 1_More Info Received_20020812

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August 12, 2002
DWO# 02-0831
Wake County
Mr. William Barker
1401 Sunday Drive, Suite 166
Raleigh, NC, 27607
APPROVAL of 401 Water Quality Certification and Neuse River Buffer Rules with Additional Conditions
Dear Mr. Barker:
You have our approval, in accordance with the attached conditions, to place fill in 0.041 acre of wetlands and 105 linear feet of
intermittent streams and to impact 9,983 square feet of protected Neuse Buffers in order to construct road and sewerline crossings
associated with the Park at Langston subdivision in Wake County, as described in your application received by the Division of Water
Quality on May 24, 2002, and in additional correspondence received June 26 2002, July 18 2002 and July 29, 2002. After reviewing your
application, we have determined that this fill is covered by General Water Quality Certification Numbers 3374 and 3362, which can be
downloaded from our web site at htto://h2o.enr.state.nc.us/ncwetlands . This Certification allows you to use Nationwide Permit Numbers
12 and 39 when issued by the U.S. Army Corps of Engineers. This approval is also valid for the Neuse River Buffer Rules (15A NCAC 2B
.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 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 as well as the additional conditions
listed below:
1. An additional condition is that stormwater shall be directed to diffuse flow at non-erosive velocities through the protected stream
buffers;
2. 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 fonnat can be downloaded from the 401/Wetlands Unit web site at
http://h2o.enr.state.nc.us/ncwetlands .
3. You are required to return the attached Certification of Completion form to notify DWO when all work included in the 401 Certification
has been completed.
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 which conforms to Chapter 1506 of the North Carolina
General Statutes to the Office of Administrative Hearings, P.O. Box 6714, Raleigh, N.C. 27699-6714. 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 (duality under Section 401 of the Clean Water Act. If you have any
questions, please call Steve Mitchell or Debbie Edwards in our Raleigh Regional Office at 919-571-4700 or Cyndi Karoly in the Central
Office at 919-733-9721. Questions regarding stormwater should be directed to Todd St. John at 919-733-9584.
N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 [phone]
Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
Customer Service
1 800 623-7748
Sincerely,