HomeMy WebLinkAbout20140333 Ver 1_Approval Letter_20151026North Carolina Department of Environmental Quality
Pat McCrory
Governor
October 26, 2015
INC Division of Mitigation Services
Attn: Tim Baumgartner
1652 Mail Service Center
Raleigh NC 27699 -1652
Donald R. van der Vaart
Secretary
DWR # 14 -0333
Alamance County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
Holman Mill Mitigation Project
Dear Mr. Baumgartner:
You have our approval for the impacts listed below for the purpose described in your application
dated October 2, 2015, received by the Division of Water Resources (Division) October 6, 2015.
These impacts are covered by the attached Water Quality General Certification Number 3885,
the Jordan Buffer Rules, and the conditions listed below. 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.
This approval requires you to follow the conditions listed in the enclosed certification(s) or
general permit and the following additional conditions:
1. The following impacts are hereby approved provided that all of the other specific and
general conditions of the Certification are met. No other impacts are approved, including
incidental impacts. [15A NCAC 02H .0506(b) and /or (c)]
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DMS
DW R# 14 -0333
401 APPROVAL
Page 2 of 4
Type of Impact Amount Approved Amount Approved (units)
(units) Temporary
Permanent
Stream
UT to Pine Hill Branch
3526 (linearfeet)
UT1
2668 (linearfeet)
UT1A
84 (linearfeet)
UT2
1524 (linearfeet)
UT2A
468 (linearfeet)
UT213
429 (linearfeet)
404/401 Wetlands 0.0005 (acres)
0.002 (acres)
2. 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 the 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 approval letter and General
Certification (s) /Permit /Authorization and is responsible for complying with all conditions.
[15A NCAC 02H .0507(d)(2)]
3. You have our approval for your proposed final stream and wetland
enhancements /restorations plan. The stream and wetland restorations /enhancements
must be constructed, maintained, and monitored according to the plans approved by this
Office and this Certificate of Coverage. Any repairs or adjustments to the site must be
made according to the approved plans or must receive written approval from this Office
to make the repairs or adjustments. [15A NCAC 02H .0500(h)]
4. The issuance of the 401 Water Quality Certification for the restoration /enhancement
project does not represent an approval of credit yield for the project. [15A NCAC 02H
.0500(h)]
5. Monitoring shall be conducted in accordance with the approved mitigation plan dated
May 2015. If monitoring indicates that all or portions of the project are failing to meet
one or more of the required success criteria, the monitoring report must provide a
remedial action plan to address the deficiency. The remedial action plan, at a minimum,
must describe the failure, the source or reason for the failure, a concise description of
the corrective measures that are proposed, and a timeframe for the implementation of
the corrective measures. [15A NCAC 02H .0500(h) and 15A NCAC 02H .0506(b)(2) and (3)
and (c)(2) and (3)]
DMS
DWR# 14 -0333
401APPROVAL
Page 3 of 4
This approval and its conditions are final and binding unless contested. [G.S. 143 - 215.5]
This Certification can be contested as provided in Articles 3 and 4 of General Statute 1506 by filing
a written petition for an administrative hearing to the Office of Administrative Hearings (hereby
known as OAH) within sixty (60) calendar days.
A petition form may be obtainedfrom the OAH at htto: / /www.ncoah.com/ or by calling the OAH
Clerk's Office at (919)'431 -3000 for information. A petition is considered filed when the original
and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal
office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state
holidays).
The petition may be faxed to the OAH at (919) 431 -3100, provided the original and one copy of
the petition along with any applicable OAH filing fee is received by the OAH within five (5)
business days following the faxed transmission.
Mailing address for the OAH:
If sending via US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699 -6714
If sending via delivery service (UPS, FedEx, etc):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609 -6285
One (1) copy of the petition must also be served to DENR:
Sam Hayes, General Counsel
Department of Environment and Natural Resources
1601 Mail Service Center
Raleigh, NC 27699 -1601
DMS
DWR# 14 -0333
401 APPROVAL
Page 4 of 4
This letter completes the review of the Division under section 401 of the Clean Water Act.
Please contact Sue Homewood at 336 - 776 -9693 or sue.homewoodCQ)ncdenr.gov if you have any
questions or concerns.
Sincerely,
W. Corey Basinger
Regional Supervisor
Water Quality Regional Operations
Division of Water Resources
Enclosures: GC 3885
cc: Ian Eckardt, Wildlands Engineering Inc. (via email)
David Bailey, USACE Raleigh Regulatory Field Office (via email)
DWR WSRO 401 file
DWR 401 & Buffer Permitting Unit file