HomeMy WebLinkAbout20190157 Ver 1_Approval Letter_20201119
November 13, 2020
DWR # 19-0157
Orange County
NC Division of Mitigation Services
Attn: Lin Xu
217 West Jones Street
Raleigh, North Carolina 27603
Wildlands Engineering, Inc.
Attn: Daniel Johnson
497 Bramson Court, Suite 104
Mt. Pleasant, South Carolina 29464
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION
Perry Hill Mitigation Site
Dear Mr. Xu and Mr. Johnson:
You have our approval for the impacts listed below for the purpose described in your application dated
October 29, 2020, received by the Division of Water Resources (Division) October 30, 2020 and payment
received October 30, 2020. These impacts are covered by the attached Water Quality General
Certification Number 4134. 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.
The Division has determined that the proposed project will comply with water quality requirements
provided that you adhere to the conditions listed in the enclosed certification,
The following proposed impacts are hereby approved. No other impacts are approved, including
incidental impacts. [15A NCAC 02H .0506(b)]
Type of Impact
Amount Approved (units)
Permanent
Amount Approved (units)
Temporary
Stream
S1 324 (linear feet) 0 (linear feet)
S2 0 17
S3 104 0
DocuSign Envelope ID: 6B1E0637-980D-4395-8278-F73DEB87735E
Perry Hill
DWR# 19-0157
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S4 733 0
S5 2,076 0
S6 601 0
S7 0 16
S8 0 135
S9 0 60
S10 0 20
S11 0 11
S12 0 37
S13 0 72
S14 0 31
S15 0 80
S16 0 94
S17 0 69
S18 0 88
Total 3,838 730
404/401 Wetlands
W1 0.020 (acres) 0.072 (acres)
W2 0.124 0
W3 0.004 0.044
W4 0 0.003
W5 0.001 0.016
W6 0.003 0.024
W7 0.007 0
W8 0.001 0
W9 0.001 0.030
W10 0.001 0
W11 0 0.056
W12 0 0.013
Total 0.162 0.258
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 this 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 Certification and is
responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)].
If you are unable to comply with any of the conditions of the attached Water Quality General
Certification, you must notify the Central Office within 24 hours (or the next business day if a weekend
or holiday) from the time the permittee becomes aware of the circumstances.
The permittee shall report to the Central Office any noncompliance with, and/or any violation of, stream
or wetland standards [15A NCAC 02B .0200] including but not limited to sediment impacts to streams or
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Perry Hill
DWR# 19-0157
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wetlands. Information shall be provided orally within 24 hours (or the next business day if a weekend or
holiday) from the time the permittee became aware of the non-compliance circumstances.
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 Chapter 150B of the North Carolina General Statutes by
filing a Petition for a Contested Case Hearing (Petition) with the North Carolina Office of Administrative
Hearings (OAH) within sixty (60) calendar days. Requirements for filing a Petition are set forth in Chapter
150B of the North Carolina General Statutes and Title 26 of the North Carolina Administrative Code.
Additional information regarding requirements for filing a Petition and Petition forms may be accessed at
http://www.ncoah.com/ or by calling the OAH Clerkâs Office at (919) 431-3000.
One (1) copy of the Petition must also be served to the North Carolina 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.davis@ncdenr.gov if you have any questions or concerns.
Sincerely,
Paul Wojoski, Supervisor
401 & Buffer Permitting Branch
Enclosures: GC 4134
cc: Todd Tugwell, Kim Browning, USACE Raleigh Regulatory Field Office
Stephanie Goss, DWR Raleigh RO 401 file
DWR 401 & Buffer Permitting Branch file
Filename: 190157PerryHill(Orange)_401_approval ltr.Nov.13.2020.docx
DocuSign Envelope ID: 6B1E0637-980D-4395-8278-F73DEB87735E