20020468 Ver 1_Approval Letter_20020521

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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
May 21, 2002
DWQ# 02-0468
Wake County
Lee Honeycutt
Toll Brothers, Inc.
2310 T.W. Alexander Drive, Suite G
Raleigh, NC, 27617
APPROVAL of 401 Water Quality Certification and Neuse River Buffer Rules with Additional Conditions
Dear Mr. Honeycutt
You have our approval, in accordance with the attached conditions, to place fill in 0.01 acre of wetlands in order to construct a
road crossing at the Brier Creek Country Club Subdivision, Phase 15 in Wake County, as described in your application received by the
Division of Water Quality on March 27, 2002. After reviewing your application, we have determined that this fill is covered by General
Water Quality Certification Number 3375, which can be downloaded from our web site at http://h2o.enr.state.nc.us/ncwetiands . This
Certification allows you to use Nationwide Permit Number 14 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. Before any of the impacts approved herein are conducted, the final stonmwater management plan for the entire site must be
submitted to this office;
2. Deed notifications or similar mechanisms shall be placed on all 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 format can be downloaded from the 401/Wetlands Unit web site at
http://h2o.enr.state.nc.us/ncwetlands .
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 Steve Mitchell in our Raleigh Regional Office at 919-571-4700 or Cyndi Karoly in the Central Office at 919-
733-9721.
Sincerely,
Attachments
cc:
Corps of Engineers Raleigh Field Office
Raleigh DWQ Regional Office
Central Files
File Copy
Jennifer Burdette, 11010 Raven Ridge Road, Raleigh, NC, 27614
020468
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)
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