20021271 Ver 1_Approval Letter_20021003

Michael F. Easley, Governor
~~' W ATFi4 William G. Ross Jr., Secretary
O~ QG North Carolina Department of Environment and Natural Resources
~, Alan W. Klimek, P.E. Director
Division of Water Quality
-1
~ Y
October 3, 2002
DWQ# 02-1271
Wake County
Mr. Mitchell Huff
Grossman Communities of North Carolina, Inc.
P.O. Box 12033
Durham, NC, 27709
APPROVAL of 401 Water Quality Certification and Neuse River Buffer Rules with Additional Conditions,
Dear Mr. Huff:
You have our approval, in accordance with the attached conditions, to place fill in 0.265 acre of wetlands and to impact
7,677 square feet of protected Neuse Buffers in order to construct the Autumn Park PUD in Wake County, as described in
your application received by the Division of Water Quality on August 8, 2002, and in additional correspondence received
August 27, 2002. After reviewing your application, we have determined that this fill is covered by General Water Quality
Certification Number 3362, 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 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. 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. The deed notifications for Lots 46 and 47 shall include building envelopes
with respect to the protected Neuse Buffers. 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 htto'//h2o enr.state.nc.us/ncwetlands ;
2. An additional condition is that a final, written stormwater management plan shall be approved in writing by this Office
before the impacts specified in this Certification occur per Condition No. 3 in General Certification No. 3362. The
stormwater management plan must include plans and specifications for stormwater management facilities that are
appropriate for surface waters classified as Class B NSW and designed to remove 85% TSS according to the most
recent version of the NC DENR stormwater Best Management Practices Manual. These facilities must be designed to
treat the runoff from the entire project, unless otherwise explicitly approved by the Division of Water Quality. Also, before
any permanent building is occupied at the subject site, the facilities (as approved by this Office) shall be constructed and
operational, and the stormwater management plan (as approved by this Office) shall be implemented. The structural
stormwater practices as approved by this Office as well as drainage patterns must be maintained in perpetuity. No
changes to the structural stormwater practices shall be made without written authorization from the Division of Water
Quality.
3. An additional condition is that stormwater shall be directed to flow in a diffuse manner at non-erosive velocities through
the entire protected stream buffers without re-concentrating. stormwater at Lots 46 and 47 shall be designed to flow in
a diffuse manner through the entire buffer area, and may not enter the buffers in a concentrated form;
4. You are required to return the attached Certification of Completion form to notify DWQ when all work included in the 401
Certification has been completed.
N. C. Division of Water Quality 1617 Mail Service Center Raleigh, NC 27699-1617 [phone] Customer Service
1 800 623-7748

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 1508 of the North Carolina General Statutes to the Office of Administrative Hearings, Mail Service Center 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 Quality 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.
Sincerely,
t
. Klimek, P.E.
AW K/cbk
Attachments
cc: Corps of Engineers Raleigh Regulatory Field Office
Raleigh DWQ Regional Office
Central Files
File Copy
Scott Mitchell, 972 Trinity Road, Raleigh, NC, 27607
021271