HomeMy WebLinkAbout20161180 Ver 3_401-certification approval (DWR #16-1180)_20210507ROY COOPER
Water Resources
ENVIRONMENTAL QUALITY
March 16, 2017
Gordon Conyers
687 Holden Road
Youngsville, NC 27596
Go eruor
MICHAEL S. REGAN
Sec! eta+ly
S. JAY ZIMMERMAN
I1irt�cror
DWR # 16-1180
Franklin County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION AND TAR-PAMLICO RIPARIAN
BUFFER IMPACTS WITH ADDITIONAL CONDITIONS
Hadleigh at Cedar Creek
Dear Mr. Conyers:
You have our approval for the impacts listed below for the purpose described in your application
dated November 30, 2016, received by the Division of Water Resources (Division) on November
30, 2016, with subsequent information on February 15, 2017. These impacts are covered by the
attached Water Quality General Certification Number 3890 / Buffer Rules and the conditions
listed below. 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.
This approval requires you to follow the conditions listed in the enclosed certification(s) or
general permit and the following additional conditions:
1. The following impacts are hereby approved provided that all of the other specific and
general conditions of the Certification and Buffer Rules are met. No other impacts are
approved, including incidental impacts. [15A NCAC 02H .0506(b) and/or (c)] and 15A
NCAC 02B .0259(8)]
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved (units)
Temporary
Stream
Site 1-Inset B
69 (linear feet)
0 (linear feet)
Site 2-Inset C
60 (linear feet)
0 (linear feet)
State of North Carolina Environmental Quality Water Resources
1617 Mail Service Center Raleigh, North Carolina 27699-1617
919 807 6300
Gordon Conyers
DWR# 16-1180
Page 2 of 4
Site 3-Inset D
0 (linear feet)
22 (linear feet)
404/401 Wetlands
Site 1-Inset A
0 (acres)
0.0135 (acres)
Site 2-Inset A
0.0400 (acres)
0 (acres)
Site 3-Inset C
0.0113 (acres)
0 (acres)
Site 4-Inset D
0 (acres)
0.1198 (acres)
Site 5-Inset E
0 (acres)
0.0165 (acres)
Site 6-Inset F
0 (acres)
0.0046 (acres)
Site 7-Inset G
0 (acres)
0.1655 (acres)
Buffers — Zone 1
Site 1-Inset A
0 (square feet)
1,497 (square feet)
Site 1-Inset A
4,048 (square feet)
0 (square feet)
Site 1-Inset B
0 (square feet)
1,424 (square feet)
Site 1-Inset B
4,989 (square feet)
0 (square feet)
Site 1-Inset C
0 (square feet)
1,675 (square feet)
Site 1-Inset C
3,545 (square feet)
0 (square feet)
Site 1-Inset D
554 (square feet)
0 (square feet)
Site 1-Inset H
53 (square feet)
0 (square feet)
Buffers — Zone 2
Site 1-Inset A
0 (square feet)
1,274 (square feet)
Site 1-Inset A
5,091 (square feet)
0 (square feet)
Site 1-Inset B
0 (square feet)
1,508 (square feet)
Site 1-Inset B
4,510 (square feet)
0 (square feet)
Site 1-Inset C
0 (square feet)
1,496 (square feet)
Site 1-Inset C
4,552 (square feet)
0 (square feet)
Site 1-Inset D
846 (square feet)
0 (square feet)
Site 1-Inset H
1,840 (square feet)
0 (square feet)
2. 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 the
Certification/Authorization. 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 approval letter and
General Certification(s)/Permit/Authorization and is responsible for complying with all
conditions. [15A NCAC 02H .0507(d)(2)]
This approval and its conditions are final and binding unless contested. [G.S. 143-215.5]
This Certification/Buffer Authorization can be contested as provided in Articles 3 and 4 of General
Statute 150B by filing a written petition for an administrative hearing to the Office of
Administrative Hearings (hereby known as OAH) within sixty (60) calendar days.
Gordon Conyers
DWR# 16-1180
Page 3 of 4
A petition form may be obtained from the OAH at http://www.ncoah.com/ or by calling the OAH
Clerk's Office at (919) 431-3000 for information. A petition is considered filed when the original
and one (1) copy along with any applicable OAH filing fee is received in the OAH during normal
office hours (Monday through Friday between 8:00am and 5:00pm, excluding official state
holidays).
The petition may be faxed to the OAH at (919) 431-3100, provided the original and one copy of
the petition along with any applicable OAH filing fee is received by the OAH within five (5)
business days following the faxed transmission.
Mailing address for the OAH:
If sending via US Postal Service:
Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
If sending via delivery service (UPS, FedEx,
etc):
Office of Administrative Hearings
1711 New Hope Church Road
Raleigh, NC 27609-6285
One (1) copy of the petition must also be served to 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
the Tar -Pamlico Riparian Buffer Rules as described in 15A NCAC 02B .0259. Please contact
Jennifer Burdette at 919-807-6364 or jennifer.burdette@ncdenr.gov if you have any questions
or concerns.
Sincerely,
amAt) cikk-stivkb-
Karen Higgins, Supervisor
401 & Buffer Permitting Branch
Enclosures: GC 3890
Gordon Conyers
DWR# 16-1180
Page 4 of 4
cc: Sean Clark, Sage Ecological Services, Inc. (via sclark@sageecological.com)
USACE Raleigh Regulatory Field Office
DWR 401 & Buffer Permitting Branch file
Filename: 161180HaleighatCedarCreek(Franklin)_401_GC_TAR.docx