HomeMy WebLinkAbout20181033 Ver 1_Approval Letter_20200330DocuSign Envelope ID: B724B312-17E7-4A62-87A3-7135332FFF83
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
NC Division of Mitigation Services
Attn: Lin Xu
217 West Jones Street
Raleigh, North Carolina 27699
HDR
Attn: Vicki Miller
555 Fayetteville Street, Suite 900
Raleigh, NC 27601
NORTH CAROLINA
Environmental Quality
March 30, 2020
DWR # 18-1033
Transylvania County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH
ADDITIONAL CONDITIONS
Owen Farms Mitigation Site
Dear Mr. Xu and Ms. Miller:
You have our approval for the impacts listed below for the purpose described in your
application dated February 23, 2020, received by the Division of Water Resources,
February 24, 2020. 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:
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)]
D E Qbi�� 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
vOry rN Cx:40:.itiA �
u.p.—I. E..w..�..�.�a.:r� /� 919.707.9000
DocuSign Envelope ID: B724B312-17E7-4A62-87A3-7135332FFF83
Owen Farms
DWR# 18-1033
Page 2 of 4
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
404 401 Wetlands
W3
0.09 acres
0 acres
W3-a
0.04
0
W5A
0.006
0
W5B
0.003
0
W8
0.02
0
total
0
Stream
S1
2106 linear feet)
0 (linear feet
S2
265
0
S3
18
0
S4
18
0
S5
25
0
S6
72
0
S7
419
0
S8
68
0
S9
373
0
S10
37
0
total
3,401
0
Open Water
0.47 acres
0 acres
total
0.47
0
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)]
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)]
DocuSign Envelope ID: B724B312-17E7-4A62-87A3-7135332FFF83
Owen Farms
DWR# 18-1033
Page 3 of 4
4. You have our approval for your proposed final stream/wetland Mitigation Plan. The
stream and wetland restoration/enhancement 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 maybe obtained from the OAH at http:/Iwww.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
DocuSign Envelope ID: B724B312-17E7-4A62-87A3-7135332FFF83
Owen Farms
DWR# 18-1033
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.haupt(@ncdenr.gov if you have any
questions or concerns.
Sincerely,
DocuS/ig�ne/d by:
�LiWG WO[�
949D91BA53EF4E0...
Paul Wojoski, Supervisor
401 & Buffer Permitting Branch
Enclosures: GC 4134
cc: Todd Tugwell, Kim Browning, USACE Raleigh Regulatory Field Office
Amy Annino, DWR Asheville RO 401 file
DWR 401 & Buffer Permitting Branch file
Filename: 1810330wenFarms(Transylvanie)_401_ approval ltr March 30, 2020.docx