HomeMy WebLinkAbout20201248 Ver 1_401 Approval Letter_20210310DocuSign Envelope ID: 8C42873A-CBBF-47D4-AE09-B80F636AE176
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
March 4, 2021
Smith Edwards LLC
Attn: Fred J. Smith Jr.
2505 Wendell Road
Wendell, NC 27591
NORTH CAROLINA
Environmental Quality
DWR # 20201248
Johnston & Wake County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
The Glen/The Meadows at Hollybrook
Dear Mr. Smith:
You have our approval for the impacts listed below for the purpose described in your application dated
January 13, 2021 received by the Division of Water Resources (Division) January 13, 2021 and payment
received January 19, 2021. These impacts are covered by the attached Water Quality General
Certification Number 4133 and 4139. This certification is associated with the use of Nationwide Permit
Number 12 and 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
Wetland
W2: Lot Fill
0.118 (acres)
0 (acres)
W3: Road Crossing -Fill
0.039 (acres)
0 (acres)
W3: Road Crossing -Construction Access
0 (acres)
0.008 (acres)
W4: Pedestrian Trail -Grading
0.001 (acres)
0 (acres)
W5: Road Crossing -Fill
0.219 (acres)
0 (acres)
W5: Road Crossing -Construction Access
0 (acres)
0.009 (acres)
W7: Utility Crossing
0.005 (acres)
0 (acres)
D E QNorth Carolina Department of Environmental Quality I Division of Water Resources
Raleigh Regional Office 13800 Barrett Drive I Raleigh, North Carolina 27609
NoHrN r..x;:o�.iwn
o•o• ° •"i o E".w""�•"W Qa A` /� 919.791.4200
DocuSign Envelope ID: 8C42873A-CBBF-47D4-AE09-B80F636AE176
The Glen/The Meadows at Hollybrook
DWR# 20201248
401 Certification
Page 2 of 3
Type of Impact
Amount Approved (units)
Permanent
Amount Approved (units)
Temporary
Stream
S1: Utility Crossing
0 (linear feet)
15 (linear feet)
S2: Road Crossing
125 (linear feet)
0 (linear feet)
S3: Road Crossing -Construction
Access/ Dewatering
0 (linear feet)
50 (linear feet)
S4: Road Crossing-Dissipator
20 (linear feet)
0 (linear feet)
S5: Utility Crossing
0 (linear feet)
45 (linear feet)
Compensatory Mitigation Using a Private Mitigation Bank
Mitigation must be provided for the proposed impacts as specified in the table below. The Division has
received a Statement of Availability letter from EBX-Neuse I, LLC Stream and Wetland Banks from the
EBX-Neuse sponsored Neu -Con Wetland & Stream Umbrella Mitigation Bank to meet this mitigation
requirement. The specific bank site to be debited will be the Arrington Bridge III Site located in HUC
03020201. Until EBX-Neuse I, LLC receives and clears your payment, and proof of payment has been
provided to this Office, no impacts specified in this Certification shall occur. For accounting purposes,
this Certification authorizes payment to EBX-Neuse I, LLC to meet the following compensatory mitigation
requirement [15A NCAC 02H .0506(c)]:
Compensatory
Mitigation
Compensatory
Mitigation Required
Bank Sponsor
River & Sub -Basin Number
Wetlands
0.377 (acres)
EBX-Neuse I, LLC
Neuse: 03020201
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
DocuSign Envelope ID: 8C42873A-CBBF-47D4-AE09-B80F636AE176
The Glen/The Meadows at Hollybrook
DWR# 20201248
401 Certification
Page 3 of 3
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 Stephanie Goss at 919-791-4256 or Stephanie.Goss@ncdenr.gov if you have
any questions or concerns.
Sincerely,
DOCUSigned by:
8CDA9D825D4A46D...
Scott Vinson, Regional Supervisor
Water Quality Regional Operations Section
Raleigh Regional Office
Division of Water Resources, NCDEQ
Enclosures: GC 4133
GC 4139
cc: Deborah Shirley, Soil and Environmental Consultants, PA (via email)
Samantha Dailey, USACE Raleigh Regulatory Field Office (via email)
Gabriela Garrison, NCWRC (via email)
DWR 401 Buffer Permitting Unit file via Laserfiche