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Home My WebLink About20110920 Ver 1_Approval Letter_20120118I NCDENR North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Waklld PE Dee Freeman Governor Director Secretary January 18 2012 DWQ Project # 11 0920 Chatham County John W Blair The Blair Company Post Office Box 995 Pittsboro NC 27312 Subject Property Billet's Run Subdivision UT to and the Haw River [030604 16 (42) WSIV] Approval of 401 Water Quality Certification with Additional Conditions Dear Sir You have our approval in accordance with the attached conditions and those listed below to place fill within or otherwise impact 162 linear feet of perennial stream channel (permanent impacts) 365 linear feet of intermittent stream channel (permanent impacts) and 0 008 acre of open water (permanent impacts) as described within your after the fact application dated October 14 2011 received by the N C Division of Water Quality (DWQ) on October 14 2011 and additional information received December 22 2011 for a residential subdivision After reviewing your application we have decided that the 404/401 impacts are covered by General Water Quality Certification Number(s) 3821 and 3687 (GC3821 and 3687) The Certification(s) allows you to use Nationwide Permit(s) NW 18 and NW29 and Regional General Permit 197800125 when issued by the US Army Corps of Engineers (USACE) In addition you should obtain or otherwise comply with any other required federal state or local permits before you go ahead with your protect including (but not limited to) Erosion and Sediment Control Non discharge and other regulations This approval is for the purpose and design that you described in your application If you change your project you must notify us and you may be required to send us a new application If the property is sold the new owner must be given a copy of this Certification and approval letter and is thereby responsible for complying with all conditions If total fills for this project (now or in the future) exceed one acre of wetland or 150 linear feet of stream compensatory mitigation may be required as described in 15A NCAC 2H 0506 (h) This approval requires you to follow the conditions listed in the attached certification and any additional conditions listed below The Additional Conditions of the Certification are Conditions of Certification 1 Impacts Approved The following impacts are hereby approved as long as all of the other specific and general conditions of this North Carolina Division of Water Quality Internet www ncwaterquality org Raleigh Regional office 1628 Mail Service Center Surface Water Protection Raleigh NC 27699 1628 NonehCarolina Naturally Phone (919) 791 -4200 Customer Service FAX (919) 788 7159 877 623 6748 An Equal Opportunity /Affirmative Action Employer — 50 / Recycled /10 / Post Consumer Paper Page 2 Certification (or Isolated Wetland Permit) are met No other impacts are approved including incidental impacts Type of Impact Amount Approved Units Plan Location or Reference Stream — intermittent 365 (linear feet) pennanent impacts PCN Application page 5 of 13 revised 12 22 11 Stream — perennial 162 linear feet) penrianent impacts PCN Application page 5 of 13 revised 12 22 11 Open Water 0 008 (acre) permanent impacts PCN Application page 6 of 13 revised 12 22 11 Sediment and Erosion Control 2 Erosion and sediment control practices must be in full compliance with all specifications governing the proper design installation and operation and maintenance of such Best Management Practices in order to protect surface waters standards The erosion and sediment control measures for the protect must be designed installed operated and maintained in accordance with the most recent version of the North Carolina Sediment and Erosion Control Planning and Design Manual The design installation operation and maintenance of the sediment and erosion control measures must be such that they equal or exceed the requirements specified in the most recent version of the North Carolina Sediment and Erosion Control Manual The devices shall be maintained on all construction sites borrow sites and waste pile (spoil) protects including contractor owned or leased borrow pits associated with the protect Sufficient materials required for stabilization and/or repair of erosion control measures and stormwater routing and treatment shall be on site at all times 3 No waste spoil solids or fill of any kind shall occur in wetlands waters or riparian areas beyond the footprint of the impacts depicted in the 404/401 Permit Application All construction activities including the design installation operation and maintenance of sediment and erosion control Best Management Practices shall be performed so that no violations of state water quality standards statutes or rules occur 4 Sediment and erosion control measures shall not be placed in wetlands or waters without prior approval from the Division If placement of sediment and erosion control devices in wetlands and waters is unavoidable design and placement of temporary erosion control measures shall not be conducted in a manner that may result in dis equilibrium of wetlands or stream beds or banks adjacent to or upstream and down stream of the above structures All sediment and erosion control devices shall be removed and the natural grade restored within two (2) months of the date that the Division of Land Resources or locally delegated program has released the project 5 Protective Fencing The outside wetland or water boundary and along the construction corridor within these boundaries approved under this authorization shall be clearly marked with orange warning fencing (or similar high visibility material) for the areas that have been approved to infringe within the wetland or water prior to any land disturbing activities to ensure compliance with 15 NCAC 2H Section 0500 Certificate of Completion 6 Upon completion of all work approved within the 401 Water Quality Certification and any subsequent modifications the applicant is required to return the attached certificate of completion to the WeBSCaPe Unit North Carolina Division of Water Quality 1650 Mail Service Center Raleigh NC 27699 1650 Page 3 Also, this approval to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application shall expire upon expiration of the 404 or CAMA Permit Violations of any condition herein set forth may result in revocation of this Certification and may result in criminal and/or civil penalties The authorization to proceed with your proposed impacts or to conduct impacts to waters as depicted in your application and as authorized by this Certification shall expire upon expiration of the 404 or CAMA Permit If you wish to contest any statement in the attached Certification you must file a petition for an administrative hearing You may obtain the petition form from the Office of Administrative Hearings You must file the petition with the Office of Administrative Hearings within sixty (60) days of receipt of this notice A petition is considered filed when it is received in the Office of Administrative Hearings during normal office hours The Office of Administrative Hearings accepts filings Monday through Friday between the hours of 8 OOam and 5 OOpm except for official state holidays The original and one (1) copy of the petition must be filed with the Office of Administrative Hearings The petition may be faxed provided the original and one copy of the document is received by the Office of Administrative Hearings within five (5) business days following the faxed transmission The mailing address for the Office of Administrative Hearings is Office of Administrative Hearings 6714 Mail Service Center Raleigh NC 27699 6714 Telephone (919) 431 3000 Facsimile (919) 431 3100 A copy of the petition must also be served on DENR as follows Ms Mary Penny Thompson General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh NC 27699 1601 Unless such a petition is filed this Certification shall be final and binding This letter completes the review of the Division of Water Quality under Section 401 of the Clean Water Act If you have any questions please telephone Lauren Witherspoon in the Raleigh Regional Office at 919 791 4251 Sincerely J 44 /1) Danny Smith Surface Water Protection Section Supervisor Raleigh Regional Office Page 4 Enclosures GC3821 and 3687 Certificate of Completion cc Monte Matthews — USACE Raleigh Regulatory Field Office WeBSCaPe File Copy — 1650 Mail Service Center RRO File Copy Bob Zarzecki — S &EC 11010 Raven Ridge Road Raleigh NC 27614 Hename 11 0920_Billets Run Subdivision_401_Approval