HomeMy WebLinkAbout20181694 Ver 1_Approval Letter_20200803ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
Wildlands Engineering, Inc.
Attn: Angela Allen
312 West Millbrook Road, Suite 225
Raleigh, North Carolina 27609
NORTH CAROLINA
Environmental Quality
August 3, 2020
DWR # 18-1694
Cumberland County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH
ADDITIONAL CONDITIONS
Dudley Mill Pond Mitigation Project
Dear Ms. Allen:
You have our approval for the impacts listed below for the purpose described in your
application dated June 4, 2020, received by the Division of Water Resources June 4, 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 certifications) 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 Q�� North Carolina Department of Environmental Quality � Division of Water Resources
512 North Salisbury Street � 1617 Mail Service Center � Raleigh, North Carolina 27699-1617
NoarH c oaouNa �
oePxnmem i enmmomenwi a�ai� /� 919.707.9000
Dudley Mill Pond
DWR# 18-1694
Page 2 of 4
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Tem orar
Stream
S1
5,133 (linear feet
0 linear feet
S2
233
0
S3
983
0
Total
6,349
0
404 401 Wetlands
W1
0.054 acres
0 acres
W2
0
0.002
W3
0.025
0
W4
0
0.053
W5
0.028
0
W6
0
0.008
W7
0.649
0
W8
0
0.393
W9
0.031
0
W10
0
0.033
W11
0.924
0
W12
0
2.815
W13
0.494
0
W14
0
3.975
W15
0.009
0
Total
2.214
7.279
0 en Water
01
0.97 linear feet
0 linear feet
Total
0.97
0
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)]
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)]
Dudley Mill Pond
DWR# 18-1694
Page 3 of 4
4. You have our approval for your proposed final stream restoration plan. The stream
restorations 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://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:OOam and 5:OOpm,
excluding official state holidays).
The petition maybe 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
Dudley Mill Pond
DWR# 18-1694
Page 4 of 4
This letter completes the review of the Division under section 401 of the Clean Water Act.
Please contact Erin Davis at 919-817-0360 or erin.davisC�ncdenr.gov if you have any
questions or concerns.
Sincerely,
Paul Wojoski, Supervisor
401 &Buffer Permitting Branch
Enclosures: GC 4134
cc: Jordan Jessup, USACE Wilmington Regulatory Field Office
Todd Tugwell, Kim Browning, USACE Raleigh Regulatory Field Office
Chad Turlington, DWR Fayetteville RO 401 file
DWR 401 &Buffer Permitting Branch file
Filename: 181694Dud1eyMi1lPond(Cumberland)_401_ approval_ltr Aug.3,2020.docx