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HomeMy WebLinkAbout20120965 Ver 1_Approval Letter_20121105North Carolina Department of Environment and Natural Resources Division of Water Quality Beverly Eaves Perdue Charles Wakild, P.E. Dee Freeman Governor Director Secretary Mr. Kevin Redding Piedmont Land Conservancy 1515 W. Cornwallis Dr., Suite 205 Greensboro, NC 27404 November 5 2012 DWQ# 12 -0965 Guilford County It OENR - WAT�Ft APPROVAL of 401 Water Quality Certification with Additional Conditions Dear Mr. Bridle: You have our approval, in accordance with the attached conditions; to permanently impact 24 linear feet of stream in order to develop a residential lot known as Summerfield Farm in Summerfield NC in Guilford County, as described in your application received by the Division of Water Quality (Division) on October 19, 2012 and additional information submitted on October 29, 2012. After reviewing your application, we have determined that this fill is covered by General Water Quality Certification Number and 3886, which can be viewed on our web site at http:// www. ncwat erquality.org/wetlands.html. This Certification allows you to use Nationwide Permit Number 14 when it is issued by the U.S. Army Corps of Engineers. In addition, you should secure any other applicable federal, state or local permits before you proceed with your project, including (but not limited to) those required by Sediment and Erosion Control, Non - Discharge, and Water Supply Watershed regulations. Also, this approval will expire when the accompanying 404 permits expire unless otherwise specified in the General Certification. This approval is valid only for the purpose and design that you have described in your application. If you change your project, you must notify us in writing, and you may be required to send us a new application for a new certification. If the property is sold, the new owner must be given a copy of the Certification and approval letter and is thereby responsible for complying with all conditions. If total wetland fill for this project (now or in the future) exceeds one acre, or total fill to perennial streams equals or exceeds 150 linear feet, additional compensatory mitigation may be required as described in 15A NCAC 2H .0506 (h). For this approval to be valid, you must follow the conditions listed in the attached certification, as well as the additional conditions listed below: 1. The following impacts are hereby approved as long as all other specific and general conditions of this Certification are met. No other impacts, including incidental impacts, are approved: Identifier T e of Im act Site 1 Fill _Impact 24 linear feet permanent impact North Carolina Division of Water Quality, Winston -Salem Regional Office Location. 585 Waughtown St. Winston - Salem, North Carolina 27107 Phone: 336 - 771 -50001 FAX: 336 - 771 -46301 Customer Service- 1-877 -623 -6748 Internet: www.ncwaterquality.org An Equal Opportunity 1 Affirmative Acton Employer NonrthCarolina Natffir llb, PLC Summerfield Farm DWQ# 12 -0965 November 5, 2012 Page 2 of 4 Please be aware that by having impacted streams without first applying for and securing the issuance of a 401 Water Quality Certification, you have violated Title 15A of the North Carolina Administrative Code (NCAC) 2H .0500. Title 15A NCAC 2H .0500 requires certifications pursuant to Section 401 of the Clean Water Act whenever construction or operation of facilities will result in a discharge into navigable waters, including wetlands, as described in 33 Code of Federal Regulations (CFR) Part 323. It also states any person desiring issuance of the State certification or coverage under a general certification required by Section 401 of the Federal Water Pollution Control Act shall file with the Director of the North Carolina Division of Water Quality. Pursuant to G.S. 143- 215.6A, these violations and any future violations are subject to a civil penalty assessment of up to a maximum of $25,000.00 per day for each violation. If you do not accept any of the conditions of this certification, you may ask for an adjudicatory hearing. You must act within 60 days of the date that you receive this letter. To ask for a hearing, send a written petition which conforms to Chapter 150B of the North Carolina General Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, N.C. 27699 -6714. This certification and its conditions are final and binding unless you ask for a hearing. 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 contact Sue Homewood in the -DWQ Winston -Salem Regional Office at 336 - 771 -4964 or at sue.homewood@ncdenr.gov. Sincerely, __Xl� ' Charles Wakild, P.E., Director Division of Water Quality cc: Andy Williams, U. S. Army Corps of Engineers, Raleigh Regulatory Field Office (via email) DWQ Winston -Salem Regional Office .-DWQ-W6_th6idV4017