HomeMy WebLinkAbout20181031 Ver 1_Approval Letter_20201230DocuSign Envelope ID: 42BF0D45-14BB-40C3-924A-EED2A2AA18F0
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
December 30, 2020
DWR # 20181031
Buncombe County
NC Division of Mitigation Services
Attn: Lin Xu
217 West Jones Street
Raleigh, North Carolina 27603
KCI Technologies, Inc.
Attn: Timothy J. Morris
4505 Falls of Neuse Road, Suite 400
Raleigh, North Carolina 27609
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION
Round Hill Restoration Site
Dear Mr. Xu and Mr. Morris:
You have our approval for the impacts listed below for the purpose described in your application dated
November 30, 2020, received by the Division of Water Resources (Division) November 30, 2020 and
payment received November 30, 2020. These impacts are covered by the attached Water Quality
General Certification Number 4134. This certification is associated with the use of Nationwide Permit
Number 27 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
0 (linear feet)
385 (linear feet)
S2
0
292
S3
0
709
LD_E
NORTH CAROLINA
Department of Environmental pualk\ op/4'
North Carolina Department of Environmental Quality I Division of Water Resources
512 North Salisbury Street 11617 Mail Service Center I Raleigh, North Carolina 27699-1617
919.707.9000
DocuSign Envelope ID: 42BF0D45-14BB-40C3-924A-EED2A2AA18F0
Round Hill
DWR# 20181031
401 Certification
Page 2 of 3
S4
0
874
S5
10
0
Total
10
2,260
404/401 Wetlands
W1
0 (acres)
0.052 (acres)
W2
0
0.036
W3
0
0.005
W4
0
0.001
W5
0
0.069
W6
0
0.029
W7
0.011
0
Total
0.011
0.192
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)].
If you are unable to comply with any of the conditions of the attached Water Quality General
Certification, you must notify the DWR 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 Winston Salem Regional 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.
The issuance of the 401 Water Quality Certification for the restoration/enhancement project does not
represent an approval of credit yield for the project.
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.comi or by calling the OAH Clerk's Office at (919) 431-3000.
DocuSign Envelope ID: 42BF0D45-14BB-40C3-924A-EED2A2AA18F0
Round Hill
DWR# 20181031
401 Certification
Page 3 of 3
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 review of the Division 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.gov if you have any
questions or concerns.
Sincerely,
,—DocuSigned by:
P 'Ail
`-949D91 BA53EF4E0...
Paul Wojoski
401 & Buffer Permitting Branch Supervisor
DWR Central Office
Enclosures: GC 4134
cc: Todd Tugwell, Kim Browning, USACE Raleigh Regulatory Field Office (via email)
Andrea Leslie, NCWRC (via email)
Andrew Moore, DWR Asheville RO 401 file (via email)
DWR 401 & Buffer Permitting Unit file