HomeMy WebLinkAbout20180182 Ver 2_401_ approval ltr.October 2, 2019_20191105ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
LINDA CULPEPPER
Director
NORTH CAROLINA
Environmental Quality
October 2, 2019
DWR # 18-0182
Surry County
Ecosystem Planning & Restoration, PLLC
Attn: Kevin Tweedy
150 SE Maynard Road, Suite 140
Cary, North Carolina 27511
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH
ADDITIONAL CONDITIONS
Red Barn Mitigation Bank Site
Dear Mr. Tweedy:
You have our approval for the impacts listed below for the purpose described in your
application dated August 29, 2019, received by the Division of Water Resources August 29,
2019. These impacts are covered by the attached Water Quality General Certification
Number 4134 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 .OS06(b) and/or (c)]
North Carolina Department of Environmental Quality I Division of Water Resources
0- FM 512 North Salisbury Street 1 1617 Mail Service Center i Raleigh, North Carolina 27699 1617
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Red Barn
DWR# 18-0182
Page 2 of 4
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
Stream
S1
1170 linear feet
0 linear feet
S2
1948
0
S3
0
240
S4
1526
0
S5
0
186
S6
1015
0
S7
0
109
S8
0
89
Total
5,659
624
404 401 Wetlands
W1
0.06 acres
0 acres
W2
0.13
0
W3
0.1
0
W4
0.007
0
Total 1
0.297
0 771
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 Certifications)/Permit/Authorization and is responsible for complying with
all conditions. [15A NCAC 02H .0507(d)(2)]
3. 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)]
4. 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 .0506(h)]
Red Barn
DWR# 18-0182
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 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:1 Jwww.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 Department of Environmental Quality:
William F. Lane, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
Red Barn
DWR# 18-0182
Page 4 of 4
This letter completes the review of the Division under section 401 of the Clean Water Act.
Please contact Mac Haupt at 919-707-3632 or mac.hau t ncdenr. ov if you have any
questions or concerns.
Sincerely,
Mac Haupt, Acting Supervisor
401 & Buffer Permitting Branch
Enclosures: GC 4134
cc: Steve Kichefski, USACE Asheville Regulatory Field Office
Todd Tugwell, Kim Browning, USACE Raleigh Regulatory Field Office
Sue Homewood, DWR Winston-Salem Regional Office 401 file
DWR 401 & Buffer Permitting Branch file
Filenarne: 180182RedBarn(Surry)_401_ approval Itr.October 2, 2019docx