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HomeMy WebLinkAbout20151089 Ver 1_Approval Letter_20160404Nt Water Resources ENVIRONMENTAL QUALITY April 4, 2016 Linville Oakridge LLC Attn: Kevan Combs PO Box 790 Oak Ridge, NC 27310 PAT MCCRORY f ovemor DONALD R. VAN DER VAAR'C Secrstaq S. JAY ZIM:MERMAN Director DWR # 15-1089 Guilford County Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Linville Ridge Phases II & III Dear Mr. Combs: You have our approval for the impacts listed below for the purpose described in your application dated October 7, 2015, received by the Division of Water Resources (Division) October 20, 2105, with subsequent information on December 29, 2015, January 6, 2016, February 8, 2016, February 18, 2016 and March 7, 2016. These impacts are covered by the attached Water Quality General Certification Number 3890 and the conditions listed below. This certification is associated with the use of Nationwide Permit Number 29 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: 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)] Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary Stream Site 1 57 (linearfeet) 37 (linearfeet) Site 2 71 (linearfeet) 37 (linearfeet) 404/401 Wetlands Site 1 0.02 (acres) 0 (acres) Site 2 0.03 (acres) 0 (acres) 450 W. Hanes Mill Road, Suite 300, Winston-Salem, North Carolina 27105 Phone: 336-776-98001 FAX: 336-776-9797 \ Customer Service 1-877-623-6748 Internet: www.ncdenr.gov - www.ncwater.org Linville Oakridge LLC DWR# 15-1089 401 APPROVAL Page 2 of 3 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)] All wetlands, streams, surface waters, and riparian buffers located within 50 feet of the construction area on the project site shall be clearly marked (example- orange fabric fencing) prior to any land disturbing activities and must be maintained on the property until the project phase is completed. [15A NCAC 02H .0506 (b)(2) and (c)(2) and 15A NCAC 02H .0507 (c)] 4. Upon completion of each culvert site, please send upstream and downstream photographs to document correct installation to the North Carolina Division of Water Resources Winston Salem Regional Office via email to Sue Homewood at sue.homewood@ncdenr.gov. [15A NCAC 02H .0506 (b)(2)] 5. The proposed project must comply with the Town of Oakridge local water supply ordinance approved by the N.C. Environmental Management Commission (EMC) as required under the Jordan Lake Water Supply Watershed: Protection and Maintenance of Riparian Areas (Jordan Buffer Rule) 15A NCAC 02B .0267. 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 150B 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 obtained from the OAH at http://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 (Mondaythrough 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: If sending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings Office of Administrative Hearings 6714 Mail Service Center 1711 New Hope Church Road Raleigh, NC 27699-6714 Raleigh, NC 27609-6285 Linville Oakridge LLC DWR# 15-1089 401 APPROVAL Page 3 of 3 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 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.homewood@ncdenr.gov if you have any questions or concerns. Sincerely, Sherri V. Knight, P. E. Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ— WSRO Enclosures: GC 3890 cc: Norris Clayton, Hugh Creed Associates Inc (via email) David Bailey, USACE Raleigh Regulatory Field Office (via email) DWR WSRO 401 file DWR 401 & Buffer Permitting Unit file Y Y