HomeMy WebLinkAbout20160464 Ver 1_Approval Letter_20160809Water Resources
ENVIRONMENTAL. QUALITY
August 9, 2016
BMR Land Company LLC
Attn: Sean Jones
109 South Wayne Ave, Suite 200 LB&B Building
Waynesboro VA 22980
PAT MCCRORY
an=
DONALD R. VAN DER VAART
Seeretm y
S. JAY ZIMMERMAN
Director
DWR # 16-0464
Guilford County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
PROJECT NAME
Dear Mr. Jones:
You have our approval for the impacts listed below for the purpose described in your application dated
April 29, 2016, received by the Division of Water Resources (Division) May 9, 2016, with subsequent
information on August 3, 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 39 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
404/401 Wetlands 0.19 (acres)
0.0 (acres)
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)]
450 W. Hanes Mill Road, Suite 300, Winston-Salem, North Carolina 27105
Phone: 336-776-9800 \ FAX: 336-776-9797 \ Customer Service 1-877-623-6748
Internet: www,ncdenr.gov- www.ncwater.org
BMR Land Company LLC
DWR# 16-0464
401APPROVAL
Page 2 of 3
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. You are required to provide a digital copy of the approved stormwater management plan (SMP),
including plan details on full-sized plan sheets, with proof of the City of Greensboro's approval.
The approved SMP shall be submitted to Cory Larsen, PE of the DWR 401 and Buffer Permitting
Branch (cory.larsen@ncdenr.gov) before any impacts authorized in this certification occur. After it
is approved, the SMP may not be modified without prior written authorization from City of
Greensboro. If modified, a digital copy of the approval letter and modified SMP shall again be
submitted to the DWR 401 & Buffer Permitting Branch (at the email address above) prior to the
commencement of the modifications. [15A NCAC 02H .0506(b)(5)]
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 (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: 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
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
BMR Land Company LLC
DWR# 16-0464
401APPROVAL
Page 3 of 3
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,
>� Y 9""-e
Sherri V. Knight, P. E.
Regional Supervisor
Water Quality Regional Operations Section
Division of Water Resources, NCDEQ— WSRO
Enclosures: GC 3890
cc: Perry Isner, Huysman & Bandy, Inc (via email)
David Bailey, USACE Raleigh Regulatory Field Office (via email)
Terri Aprile, Dept. of Water Resources, City of Greensboro
DWR WSRO 401 file
DWR 401 & Buffer Permitting Unit file