HomeMy WebLinkAbout20090071 Ver 1_Approval Letter_20090527NCDENR
North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
May 27, 2009
DWQ# 09-0071
Guilford County
Mr. Robert Walker, Jr.
Ashton Place Holdings, LLC
965 Meadow Lane
Henderson, NC 27536
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Walker:
You have our approval, in accordance with the attached conditions, to place fill and impact 160 linear feet of an
unnamed tributary Little Alamance Creek and to impact 0.095 acres of wetlands, to install a road crossing and a
stormwater detention pond for the Ashton Place Facility located in Greensboro, NC in Guilford County, as described in
your application received by the Division on January 21, 2009, and additional information received on March 5, 2009
and May 13, 2009. After reviewing your application, we have determined that this fill is covered by General Water
Quality Certification Numbers 3705, which can be viewed on our web site at
http://h2o.enr.state.nc.us/ncwetlands/rd wetlands certifications.htm. This Certification allows you to use Nationwide
Permit Number 39 when it is issued by the U.S. Army Corps of Engineers. In addition, you should secure any other
applicable federal, state or local permits before you proceed with your project, including (but not limited to) those
required by Sediment and Erosion Control (including trout buffer waivers as necessary), Non-Discharge, State
Stormwater, and Water Supply Watershed regulations. Also, this approval will expire when the accompanying 404
permits expire unless otherwise specified in the General Certification.
This approval is valid only for the purpose and design that you have described in your application. If you change your
project, you must notify us in writing, and you may be required to send us a new application for a new certification. If
the property is sold, the new owner must be given a copy of the Certification and approval letter and is thereby
responsible for complying with all conditions. If total wetland fill for this project (now or in the future) exceeds one
acre, or total fill to perennial streams equals or exceeds 150 linear feet, additional compensatory mitigation may be
required as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the conditions
listed in the attached certification, as well as the additional conditions listed below:
1. The following impacts are hereby approved as long as all other specific and general conditions of this
Certification are met. No other impacts, including incidental impacts, are approved:
Identifier Stream
Site S 1 Unnamed Tributary to Little Alamance Creek
Site S2 Unnamed Tributary to Little Alamance Creek
North Carolina Division of Water Quality, Winston-Salem Regional Office
Location: 585 Waughtown St. Winston-Salem, North Carolina 27107
Phone: 336-771-50001 FAX: 336-771.46301 Customer Service: 1-877.623-6748
Internet: www.ncwaterquality.org
An Equal Opportunity 1 Affirmative Action Employer
142 feet perma.
18 feet tem or,
Total 160 linear feet
North Carolina
Naturallr?
Ashton Place Holdings LLC
DWQ# 09-0071
May 27, 2009
Page 2 of 3
Identifier Wetland Type Impact area
Site W1 Bottomland wetlands 0.065 acres permanent impact
Site W2 Bottomland wetlands 0.004 acres temporary impact
Site W3 Bottomland wetlands 0.009 acres temporary impact
Site W4 Bottomland wetlands 0.015 acres temporary impact
Site W4 Bottomland wetlands 0.002 acres temporary impact
Total 0.095 acres
2. The outside buffer, wetland or water boundary and along the construction corridor within these boundaries
approved under this authorization shall be clearly marked with orange warning fencing (or similar high visibility
material) for the areas that have been approved to infringe within the buffer, wetland or water prior to any land
disturbing activities.
3. The final, written stormwater management plan approval on letterhead from the reviewing local
government and one copy of the approved stormwater management plan, including plan details,
calculations and other supporting information, must be received by this Office before the impacts specified
in this Certification occur. Also, before any permanent building is occupied at the subject site, the facilities
(as approved by this Office) shall be constructed and operational, and the stormwater management plan
(as approved by this Office) shall be implemented. The approved structural stormwater practices as well as
drainage patterns must be maintained in perpetuity. No changes to the structural stormwater practices
shall be made without written authorization from the Division of Water Quality.
4. Upon finishing the project, the Applicant shall fill out and return the enclosed "Certificate of Completion" to
notify NCDWQ when all work included in the 401 Certification has been completed. This certificate should be
returned to the Winston-Salem Regional Office of the NCDWQ at the address listed on the form.
If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You
must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition
which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714
Mail Service Center, Raleigh, N.C. 27699-6714. This certification and its conditions are final and binding unless you
ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act. If you
have any questions, please contact Sue Homewood in the DWQ Winston-Salem Regional Office at 336-771-4964 or at
sue.homewood@ncmail.net.
Sincerely,
Coleen H. Sullins, Director
Division of Water Quality
cc: Andy Williams, U. S. Army Corps of Engineers, Raleigh Regulatory Field Office (via email)
Allan Hill, Triad Design Group (via email)
DWQ Winston-Salem Regional Office
DWQ Wetlands/401