HomeMy WebLinkAbout20181154 Ver 1_Approval Letter_20201005DocuSign Envelope ID: 618AFC79-18FD-4C94-B688-AF666218BCDB
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
October 1, 2020
DWR # 18-1154
Stokes County
NC Division of Mitigation Services
Attn: Lin Xu
217 West Jones Street
Raleigh, North Carolina 27603
Water & Land Solutions, LLC
Attn: Emily Dunnigan
7721 Six Forks Road, Suite 130
Raleigh, North Carolina 27613
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH
ADDITIONAL CONDITIONS
Banner Branch Mitigation Project
Dear Mr. Xu and Ms. Dunnigan:
You have our approval for the impacts listed below for the purpose described in your
application dated September 2, 2020, received by the Division of Water Resources
September 2, 2020 and payment received September 2, 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 conditions
of this Certification are met. No other impacts are approved, including incidental
impacts. [15A NCAC 02H .0506(b)]
D North Carolina Department of Environmental Quality Division of Water Resources
E Q��
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
NoaTH c QaouNn �
Department f Environmental Quality /`� 919.707.9000
DocuSign Envelope ID: 618AFC79-18FD-4C94-B688-AF666218BCDB
Banner Branch
DWR# 18-1154
Page 2 of 4
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
Stream
S1
399 linear feet
0 linear feet
S2
0
1,872
S3
0
410
S4
0
391
S5
158
0
S6
1,315
0
S7
0
289
S8
338
0
S9
986
0
S10
2,080
0
S11
478
0
S12
4,624
0
S13
1,722
0
S14
40
0
S15
0
48
Total
12,140
3,010
404 401 Wetlands
W1
0.180 acres
0 acres
W2
0.090
0
W3
0.005
0
W4
0.0002
0
W5
0.010
0
Total
0.2852
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 Certification (s)/Permit/Authorization and is responsible for complying with
all conditions. [15A NCAC 02H .0507(d)(2)]
You have our approval for your proposed final stream and wetland restoration/
enhancement 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(c) and
.0507(d)(2)]
DocuSign Envelope ID: 618AFC79-18FD-4C94-B688-AF666218BCDB
Banner Branch
DWR# 18-1154
Page 3 of 4
The issuance of the 401 Water Quality Certification for the restoration/enhancement
project does not represent an approval of credit yield for the project. 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:://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: Ifsen ding via delivery service (UPS, FedEx, etc):
Office of Administrative Hearings Office of Administrative Hearings
6714 Mail Service Center 1711 New Hope Church Road
Raleigh, NC 27699-6714 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
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.davisOncdenr.gov if you have any
questions or concerns.
Sincerely,
DOCUSignn�eJd by:
W,
949D91 BA53EF4E0...
Paul Wojoski, Supervisor
401 & Buffer Permitting Branch
DocuSign Envelope ID: 618AFC79-18FD-4C94-B688-AF666218BCDB
Banner Branch
DWR# 18-1154
Page 4 of 4
Enclosures: GC 4134
cc: Todd Tugwell, Kim Browning, USACE Raleigh Regulatory Field Office
Sue Homewood, DWR Winston-Salem RO 401 file
DWR 401 & Buffer Permitting Branch file
Filename: 181154BannerBranch (Stokes)_401_approval_ltr_Oct.1.2020.docx