20011670 Ver 1_Approval Letter_20020111

O~O~ W A T ~RQG
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Michael F. Easley
Governor
William G. Ross, Jr., Secretary
Department of Environment and Natural Resources
Gregory J. Thorpe, Ph.D., Acting Director
Division of Water Quality
January 11, 2002
DWQ# 01-1670
Wake County
Panther Creek -Raleigh LP/Planned Community Development
C/o Jim Cooper
190 Finley Golf Course Road
Chapel Hill, NC, 27514
APPROVAL of 401 Water Duality Certification with Additional Condition, Wetland Restoration Program
Dear Mr. Cooper:
You have our approval, in accordar>ce with the attached conditions, to place permanent fill in 820 linear feet of
unnamed tributaries to Morris Eranch and Tomahav+k Creek in order to construct the Cary Glen subdivision in Wake
County, as described in your application received by the Division of Water Quality on November 14, 2001. After reviewing
}rour application, we have determined th~ this fill is covered by General Water Quality Certification Number 3289. This
Certification allows you to use Nationvride Permit Number 14 when it is issued by the U.S. Army Corps of Engineers. In
aodition, you should get any ether federGl, state or local permits before you go ahead with your project including (but not
[cnited to) Sediment and Erosion Controt, t:on-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 pt.-pc.~2 and design that you described in your application. If you change your
project, you must notify us in writir-g and yvu may be required to send us a new application for a new certification. If the
property is sold, the nev+ owner must be citirV:1 a copy of the Certification and approval letter and is thereby responsible for
complying with all conditions. If total wee fills for this project (now or in the future) exceed one acre, compensatory
mitigation maybe required as described ~ 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the
conditions listed in the attached certificat:~n and the additional condition listed below:
1 _ We understand that you have chosE•n ~o contribute to the Wetland Restoration Program in order to compensate for the
impacts to streams. In accordance vrJ~ 15A NCAC 2R .0402 and 15A NCAC 26.0242(7), this contribution will satisfy
our compensatory mitigation require:r. under 15A NCAC 2H .0506(h) and 15A NCAC 26.0233(10). Until the
Wetland Restoration Program receives ;..^d clears your check (made payable to: DENR -Wetlands Restoration
Program), stream impacts (:r'~uding :.ill) small net amour. Mr. Ron Ferrell should be contacted at [phone] if you
have any questions concem~g the Vl~:~r1d Restoration Program. You have one month from the date of this
Certification to make this payment Ftar accounting purposes, this Certification authorizes the fill of 268 linear feet of
streams, in addition to 552 linear feE2 ¢3f creviously mitigated impacts, bringing the cumulative total to 820 linear feet, in
the Cape Fear River and sub-basin, C~oging Unit 03030002, and 268 linear feet of stream mitigation is required.
Please be aware that the Weiland R~^~' tion Program (WRP) rules require rounding of wetland impacts to the nearest
foot (15A NCAC 2R .0503(b)) ' ,
If you do not accept any of thye cont~ib-,s of this certification, you may ask for an adjudicatory hearing. You must act
m hin 60 days of the date that you rece~.-r ~.is letter. To ask for a hearing, send a written petition which conforms to
Chapter 1506 of the North Carols1a Gerxr-~1 Statutes to the Crff'~ce of Administrative Hearings, P.O. Box 27447, Raleigh,
fJ_C. 27611-7447. This certification and as c'~nditions are final and binding unless you ask for a hearing.
This letter completes the review of tyre Division of 'later Quality under Section 401 of the Clean Water Act. If you have
try questions, please telephone Steve lJ.;ta~-Yell in otar Raleigh Regional Office at 919-571-4700 or Cyndi Karoly in Raleigh
21919-733-9721.
J. Thorpe,
North Carolina Divis:cn cf Wa:~x Gu- :ay, 401 Y/Erar~ds Certit{~tion nit,
1650 fvta0 Service Cer„er, Rar~~i. !iC 27c~-16:A (hlaling A ~)
2321 C'-abtree Bhfd.. ?Jeic~_ `iC 7604-2t~ (L,aoation)
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o~OF W ATFROG
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S I 1 ~ Michael F. Easley, Governor
~~~~~~
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
Gregory J. Thorpe, Ph.D.
Acting Director
Division of Water Quality
December 27, 2001
Panther Creek -Raleigh LP
190 Finley Golf Course Road ,r ~' j ~' Z ~-~~~
Chapel Hill, NC 27514 `'~
Dear Sir or Madam:
Subject: Project: Panther Creek -Cary Glen
County: Wake
The purpose of this letter is to notify you that the North Carolina Wetlands Restoration Program
(NCWRP) will accept payment for stream impacts associated with the subject project. Stream impacts
will be mitigated in accordance with the Memorandum of Understanding between the N.C. Department of
Environment and Natural Resources and the U.S. Army Corps of Engineers dated November 4, 1998.
Based on the information supplied by you in a letter dated November 1, 2001, the stream
restoration that is necessary to satisfy the compensatory mitigation requirements for this project is
summarized in the following table. The maximum amount of mitigation that the NCWRP will accept for
this project is also indicated in this table.
Stream
(linear feet) Wetlands
(non-ri arian) Buffers
(s ware feet)
Im act 268
Miti ation Max. 536
As requested, the NCWRP will provide stream mitigation as specified in the 401 Water Quality
Certification and/or Section 404 Permit for impacts associated with the subject project in Cataloging Unit
03030002 of the Cape Fear River basin.
If you have any questions or need additional information, please contact Crystal Braswell at (919)
733-5208.
Sincerely,
'Ronald E. Fe 1
Program Manager
cc: Rob Ridings, Wetlands/401 Unit
Todd Tugwell, USACOE
Steve Mitchell, RRO
file
,ow
Wetlands Restoration Program 1619 Mail Service Center Raleigh, NC 27699-1619 [phone] Customer Service ~^~~
320 West Jones Street Raleigh, NC 27603 Fax: [phone] 623-7748 N~pEHR