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Home My WebLink About20180665 Ver 1_Approval Letter_20191127ROY COOPER Govern MICHAEL S. REGAN Secretary LINDA CULPEPPER Director NORTH CAROLINA Environmental Quality November 27, 2019 DWR # 18-0665 Alexander County NC Division of Mitigation Services Attn: Lin Xu 217 West Jones Street Raleigh, North Carolina 27699 Wildlands Engineering, Inc. Attn: Aaron Earley 1430 South Mint Street, Suite 104 Charlotte, North Carolina 28203 Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Alexander Farm Mitigation Site Dear Mr. Xu and Mr. Earley: You have our approval for the impacts listed below for the purpose described in your application dated October 21, 2019, received by the Division of Water Resources (Division) October 22, 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 .0506(b) and/or (c)] North Carolina Department of Environmental Quality I Division of Water Resources _E �� 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh. North Carolina 27699-1617 919.707.9000 Alexander Farm DWR# 18-0665 Page 2 of 4 Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary Stream S1 838 linear feet 0 linear feet S2 1,084 0 S3 36 0 S4 19 0 S5 0 20 S6 47 0 S7 0 22 S8 0 17 S9 0 34 S10 1,298 0 Sil 1,546 0 S12 122 0 Total 4,990 93 404 401 Wetlands Wi 0.006 acres 0 acres W2 0.009 0 W3 0.002 0 W4 0.003 0 W5 0.004 0 W6 0.016 0 W7 0 0.054 W8 0.024 0 W9 0.022 0 W10 0 0.037 Wii 0 0.023 W12 0.013 0 W13 0.013 0 W14 0 0.113 W15 0.017 0 W16 0 0.006 W17 0.018 0 W 18 0 0.008 W 19 0 0.007 W20 0.022 0 W21 0 0.048 W22 0.022 0 W23 0.012 0 Total 0.203 0.296 Alexander Farm DWR# 18-0665 Page 3 of 4 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 enhancements/restorations plan. The stream 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)] 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 httn://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 S: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: Ifsending via US Postal Service: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 Ifsending via delivery service (UPS, FedEx, etc): Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27609-6285 Alexander Farm DWR# 18-0665 Page 4 of 4 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 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.haupt(@ncdenrgov if you have any questions or concerns. Sincerely, 44 Mac Haupt, Acting Supervisor 401 & Buffer Permitting Branch Enclosures: GC 4134 cc: Todd Tugwell, Kim Browning, USACE Raleigh Regulatory Field Office Alan Johnson, DWR Mooresville RO 401 file DWR 401 & Buffer Permitting Branch file Filename: 18066SAIexanderFarm(Alexander) 401_ approval ltr.November27,2019.docx