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Home My WebLink About20171605 Ver 1_Approval Letter_20191220ROY COOPER Governor MICHAEL S. REGAN Secretory LINDA CULPEPPER Director NORTH CAROLINA Environmental Quality December 20, 2019 DWR # 17-1605 Harnett County Wildlands Engineering, Inc. Attn: Chris Roessler 312 W. Millbrook Road, Suite 225 Raleigh, North Carolina 27609 Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Daniels Creek Mitigation Site Dear Mr. Roessler: You have our approval for the impacts listed below for the purpose described in your application dated November 11, 2019, received by the Division of Water Resources (Division) November 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 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 Daniels Creek DWR# 17-1605 Page 2 of 6 Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary Stream S1 335 linearfeet 0 linear feet S2 1,076 0 S3 1,490 0 S4 465 0 S5 340 0 S6 492 0 S7 0 287 S8 0 1,249 S9 349 0 S10 0 0 S11 662 0 S12 1,090 0 S13 973 0 S14 0 0 S15 0 0 S16 0 243 S17 587 0 S18 0 312 S19 535 0 S20 374 0 S21 384 0 S22 0 0 S23 1,014 0 S24 0 24 S25 0 29 S26 0 41 Total 10,166 2,185 404 401 Wetlands W1 0 acres 0.087 acres W2 0.080 0 W3 0.001 0 W4 0 0.008 W5 0 0 W6 0.030 0 W7 0 0.019 W8 10.0 0.004 W9 0.018 0 W 10 0 0.006 Daniels Creek D W R# 17-1605 Page 3 of 6 W 11 0 0.003 W12 0 0.004 W 13 0.014 0 W14 0 0 W15 0 0.001 W16 0 0.010 W17 0.003 0 W18 0 0.001 W 19 0.002 0 W20 0 0.023 W21 0.013 0 W22 0 0.008 W23 0 0.008 W24 0 0.070 W25 0 0.017 W26 0.001 0 W27 0 0.027 W28 0.041 0 W29 0.021 0 W30 0 0.007 W31 0.001 0 W32 0 0.003 W33 0.021 0 W34 0 0.007 W35 0 0 W36 0 0.010 W37 0 0 W38 0 0.031 W39 0.001 0 W40 0.002 0 W41 0 0.024 W42 0 0 W43 0 0.001 W44 0.007 0 W45 0 0.056 W46 0 0.002 W47 0 0.018 W48 0.003 0 W49 0 0.005 W50 0 0.015 W51 0 0.003 W52 0 10.010 W53 0 10.005 W54 0 10.012 Daniels Creek DWR# 17-1605 Page 4 of 6 W55 0 0.001 W56 0 0.004 W57 0.001 0 W58 0 0.021 W59 0 0.002 W60 0.002 0 W61 0.025 0 W62 0 0.036 W63 0 0.007 W64 0.001 0 W65 0 0.015 W66 0 0.010 W67 0.008 0 W68 0 0.005 W69 0 0.004 W70 0 0.007 W71 0 0.008 W72 0.013 0 W73 0 0.068 W74 0 0.051 W75 0 0.001 W76 0 0 W77 0 0 W78 0 0.004 W79 0 0.001 W80 0 0.001 W81 0 0.008 W82 0.002 0 W83 0 0.028 W84 0 0.011 W85 0 0.032 W86 0.001 0 W87 0 0.006 W88 0 10.012 Total 0.312 1 0.848 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)] Daniels Creek DWR# 17-1605 Page 5 of 6 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/wetland enhancements/ restorations plan. The stream/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)] 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 httl2://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: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699-6714 If sending via delivery service (UPS, Fed Ex, 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 Daniels Creek DWR# 17-1605 Page 6 of 6 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(o)ncdenr.gov if you have any questions or concerns. Sincerely, Mac Haupt, 4Aing Supervisor 401 & Buffer Permitting Branch Enclosures: GC 4134 cc: Mickey Sugg, USACE Wilmington Regulatory Field Office Todd Tugwell, Kim Browning, USACE Raleigh Regulatory Field Office DWR 401 & Buffer Permitting Branch file Filename: 171605DanielsCreek(Harnett)_401_ approval ltr.December20,2019.docx