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HomeMy WebLinkAbout20100123 Ver 3_Approval Letter_20211029DocuSign Envelope ID: 42737A1 5-A94E-4389-A817-E815EBD1 4630 ROY COOPER Governor ELIZABETH S. BISER Secretary S. DANIEL SMITH Director NORTH CAROLINA Environmental Quality October 29, 2021 DWR # 20100123 McDowell County NC Division of Mitigation Services Attn: Lin Xu 217 West Jones Street Raleigh, North Carolina 27603 Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION Neighbors Branch Repair - Mitigation Project Dear Mr. Xu: You have our approval for the impacts listed below for the purpose described in your application dated October 5, 2021, received by the Division of Water Resources (Division) October 13, 2021 and payment received October 13, 2021. These impacts are covered by the attached Water Quality General Certification Number 4132. This certification is associated with the use of Nationwide Permit Number 3 once it is issued to you by the U.S. Army Corps of Engineers. Please note that you should get any other federal, state or local permits before proceeding with your project, including those required by (but not limited to) Sediment and Erosion Control, Non -Discharge, and Water Supply Watershed regulations. The Division has determined that the proposed project will comply with water quality requirements provided that you adhere to the conditions listed in the enclosed certification. The following proposed impacts are hereby approved. No other impacts are approved, including incidental impacts. [15A NCAC 02H .0506(b)] Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary Stream S1 48 (linear feet) 0 (linear feet) S2 60 (linear feet) 0 (linear feet) Total 108 (linear feet) 0 (linear feet) This approval is for the purpose and design described in your application. The plans and specifications for this project are incorporated by reference as part of this Certification. If you change your project, you must notify the Division and you may be required to submit a new application package with the appropriate fee. If the property is sold, the new owner must be given a copy of this Certification and is responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)]. E Q�� North Carolina Department of Environmental Quality Division of Water Resources 512 North Salisbury Street 1 1617 Mail Service Center Raleigh, North Carolina 27699-1617 NORTH CAROHNA - oePemmencatE.W —rdalQuari /� 919.707.9000 DocuSign Envelope ID: 42737A1 5-A94E-4389-A817-E815EBD1 4630 Neighbors Branch DWR# 20100123 401 Certification Page 2 of 2 If you are unable to comply with any of the conditions of the attached Water Quality General Certification, you must notify the Central Office within 24 hours (or the next business day if a weekend or holiday) from the time the permittee becomes aware of the circumstances. The permittee shall report to the Central Office any noncompliance with, and/or any violation of, stream or wetland standards [15A NCAC 02B .0200] including but not limited to sediment impacts to streams or wetlands. Information shall be provided orally within 24 hours (or the next business day if a weekend or holiday) from the time the permittee became aware of the non-compliance circumstances. This approval and its conditions are final and binding unless contested. [G.S. 143-215.5] This Certification can be contested as provided in Chapter 150B of the North Carolina General Statutes by filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set forth in Chapter 150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code. Additional information regarding requirements for filing a Petition and Petition forms may be accessed at http://www.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431-3000. One (1) copy of the Petition must also be served to the North Carolina Department of Environmental Quality: William F. Lane, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699-1601 This letter completes the Division's review under section 401 of the Clean Water Act and 15A NCAC 02H .0500. Please contact Erin Davis at 919-817-0360 or erin.davis@ncdenr.eov if you have any questions or concerns. Sincerely, DOCUSignn�eJd by: 949D91 BA53EF4E0... Paul Wojoski 401 & Buffer Permitting Branch Supervisor DWR Central Office Enclosures: GC 4132 cc: Todd Tugwell, Kim Browning, Casey Haywood, USACE Raleigh Regulatory Field Office (via email) Andrea Leslie, NCWRC (via email) Amy Annino, DWR Asheville RO 401 file (via email) DWR 401 & Buffer Permitting Unit file