HomeMy WebLinkAbout20201321 Ver 1_Approval Letter_20210302DocuSign Envelope ID: 21 D16501-86D3-46BC-B01 B-2F265748E8CB
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
ARE -NC Region No 14 LLC
Oliver Sherrill
5 Laboratory Drive
Suite 3200
Durham, NC 27709
(Delivered via email to osherrill@are.com)
NORTH CAROLINA
Environmental Quality
March 2, 2021
DWR # 20201321 Ver 1
Durham County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
10 Davis Drive
Mr. Sherrill,
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 8, 2021. These impacts are covered
by the attached Water Quality General Certification Number 4139. This certification is associated with
the use of Nationwide Permit Numbers 18 and 39 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
W1: Grading/fill
0.356 (acres)
0 (acres)
W2: Grading/fill
0.022 (acres)
0 (acres)
W3: Sanitary Sewer
0 (acres)
0.082 (acres)
W4: Grading/fill
0.003 (acres)
0 (acres)
Streams
S1: Sanitary Sewer
0 (linear feet)
34 (linear feet)
S2: Access
0 (linear feet)
5 (linear feet)
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'torenwm—ta�a"1 919,707.9000
DocuSign Envelope ID: 21 D16501-86D3-46BC-B01 B-2F265748E8CB
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 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.
Sincerely,
DocuSignn�eJd by:
p� W02
bf6iM"Supervisor
401 & Buffer Permitting Branch
Division of Water Resources
Enclosures: GC 4139
cc: Jennifer Burdette, McAdams (via email)
April Norton, USACE Raleigh Regulatory Field Office (via email)
Filename: 20201321 Ver 110 Davis Drive—Durham-401—GC