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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