19981196 Ver 1_Approval Letter_19990831

State of North Carolina
Department of Environment
and Natural Resources
Division of Water-Quality
- James B. Hunt, Jr., Governor
Wayne McDevitt, Secretary
Kerr T. Stevens, Director
NCDENR
NORTH CAROLINA DEPARTMENT OF
ENVIRONMENT AND NATURAL RESOURCES
August 31, 1999
Wake County
DWQ-Project # 981196
APPROVAL OF 441Quality Certification and ADDITIONAL CONDITIONS and Neuse River Buffer Rules
Arbor Green Associates
Attn: B. Kenneth Martin
P.O. Box 40068
Raleigh, NC 27629
Dear Mr. Martin:
You have our approval, in accordance with the attached conditions and those listed below, to place fill material in 0.477 acres of wetlands or
waters for the purpose of constructing a residential subdivision near the junction of NC 50 and SR 2728 south of Garner. After reviewing your
application and the revisions to the application, we have decided that this fill is covered by General Water Quality Certification Number 3101,
3103 and 3108. This certification allows you to use Nationwide Permit Number 12. 14. And 26 when the Corps of Engineers issues it. This
approval is also valid for the Neuse River buffer rules (15A NCAC 2B .033). 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, Coastal Stormwater, Non-Discharge and Water
Supply Watershed regulations. This approval will expire when the accompanying 404 or CAMA 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 except as modified below. if you charge your
project, you must notify us and you may be required to send us a new application. If the property is sold, the new owner must be given a copy of .
this 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) (6) and (7). This approval shall
expire when the corresponding Nationwide Permit expires or as otherwise provided in the General Certification. For this approval to be valid, you
must follow the conditions listed in the attached certificatiorkand any additional conditions listed below.
I. 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 to notify the state in order to assure compliance for future wetland and/or water impact. 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).
2. An additional condition is that stormwater shall be directed to sheetflow at non-erosive velocities through the protected stream buffers.
3. It is required that the illegal impacts to the Neuse riparian zone, which have occurred in violation of T15A: 02B.0233 be abated. That is, the
replanting of the impacted riparian areas and a formal written notification to the Division informing staff of the compliance efforts by
December 1, 1999. This notification should detail restoration efforts (locations), plant species, and concentration of plant species.
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 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.
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 Danny Smith at 919-733-1786.
PTSteven?s
Attachment
cc: Wilmington District Corps of Engineers
Corps of Engineers Raleigh Field Office
Raleigh DWQ Regional Office
File Copy
Central Files
Bob Zarzecki, S & E C
Division of Water Quality . Non-Discharge,Branch
4401 Reedy Creek Rd., Raleigh, NC 27607 Telephone [phone] FAX # [phone]
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