HomeMy WebLinkAbout20201250 Ver 1_Approval Letter_20210302DocuSign Envelope ID: r r7CEC8C-F87D-4D21-Qr'An r4392C1Arr ZZ
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANI£L SMITH
Director
NORTH CAROLINA
Environmental Quality
March 2, 2021
DWR # 20201250 Ver 1
Johnston County
Buckhorn Branch Park Developers, LLC
Kirby La Force
1212 Oberlin Road
Raleigh, NC 27605
(Delivered via email to carolinalandgroup@outlook.com)
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
Buckhorn Branch Park
Mr. La Force,
You have our approval for the impacts listed below for the purpose described in your application
received by the Division of Water Resources (Division) on January 27, 2021. These impacts are covered
by the attached Water Quality General Certification Number 4139. This certification is associated with
the use of Nationwide Permit Number 29 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
404/401 Wetlands
Impact 1: road crossing
0.089 (acres)
0 (acres)
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)].
D Q
�� 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
NOR fH CA�in!.INA
14'torenwmta�a"1 919,707.9000
DocuSign Envelope ID: CC7CEC8C-F87D-4D21-9C4D-54392C1AFF33
If you are unable to comply with any of the conditions of the attached Water Quality General
Certification, you must notify the Raleigh Regional 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 Raleigh Regional 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 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.
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 Clerk's 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 and 15A NCAC
02H .0500. Please contact Rick Trone at rick.trone@ncdenr.gov if you have any questions or concerns.
Sin rSlY4 dby:
E949D91BA53EF4EO
...
Paul Wojoski, Supervisor
401 & Buffer Permitting Branch
Division of Water Resources
Enclosures: GC 4139
cc: Deborah Shirley, S&EC (via email)
Chris Hopper, USACE Raleigh Regulatory Field Office (via email)
Filename: 20201250 Ver 1 Buckhorn Branch Park—Johnston-401—GC