HomeMy WebLinkAbout20130361 Ver 1_Approval Letter_20130515May 15, 2013
DWQ# 13 -0361
Davidson County
Mr. Tom Honeycutt
Southern Property & Development LLC
PO Box 504
Troy, North Carolina 27371
APPROVAL of 401 Water Quality Certification with Additional Conditions
Dear Mr. Honeycutt:
You have our approval, in accordance with the attached conditions, to place fill and impact 80 linear feet
of jurisdictional stream and 0.06 acres of wetlands for the Jackson Square Apartments in Lexington, NC in
Davidson County, as described in your application received by the Division on April 5, 2013 and
subsequent information submitted May 8, 2013. After reviewing your application, we have determined
that this fill is covered by General Water Quality Certification Number 3890, which can be viewed on our
web site at http: / /h2o.enr. state. nc. us / ncwetlands/ rd_wetlands_certifications.htm. This Certification
allows you to use Nationwide Permit Number 29 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
(including trout buffer waivers as necessary), Non- Discharge, State Stormwater, 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:
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 Action Employer
Southern Property & Development LLC
DWQ# 13 -0361
May 15, 2013
Page 2 of 5
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:
Stream sites
4,Unnamed
Stream
Impact length
S1
tributary to Swearing Creek
180 linear feet permanent impact
Wetland Impacts
Identifier
Type of impact
Impact
Site 1
Fill
0.06 acres permanent impact
2. The SMP approved by the DWQ under the state stormwater program meets the requirements of
the 401 Certification Program. The stormwater treatment devices shall have access for
maintenance and at least a 10 -foot drainage easement on each side to allow. for the ability to
maintain the structures and to perform corrective actions. The stormwater easements shall be
recorded to provide protection of the structures from potential alterations by future property
owners.
The following requirements also apply:
• The approved SMP. shall be constructed and operational before any permanent building or
other structure is occupied at the site.
• The approved SMP as well as drainage patterns shall be maintained in perpetuity.
• The SMP may not be modified without prior written authorization from the Division of Water
Quality Stormwater Unit. A copy of the approval letter and the modified SMP shall be
submitted to the DWQ Webscape Unit (1650 Mail Service Center, Raleigh, NC 27699 -1650)
prior to the commencement of the modifications.
3. Upon finishing the project, the Applicant shall fill out and return the enclosed "Certificate of
Completion" to notify NCDWQ when all work included in the 401 Certification has been completed.
This certificate should be returned to the Winston -Salem Regional Office of the NCDWQ at the
address listed on the forma s
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 1506 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.
Southern Property & Development LLC
DWQ# 13 -0361
May 15, 2013
Page 3 of 5
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,
C
�" /Charles Wakild, P.E., Director
Division of Water Quality
cc: John Thomas, U. S. Army Corps of Engineers, Raleigh Regulatory Field Office (via email)
Leonard Rindner, Leonard Rindner LLC (via email)
DWQ Wbscape Unit
DWQ Winston -Salem Regional Office
Southern Property & Development LLC
DWQ# 13 -0361
May 15, 2013
Page 4 of 5
DWQ Project No.:
Applicant:
Project Name:
County:
Date of Issuance of 401 Water Quality Certification: _
Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer
Rules, and any subsequent modifications, the applicant is required to return this certificate to the
401 /Wetlands Unit, North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC,
27699 -1650. This form may be returned to DWQ by the applicant, the applicant's authorized agent, or the
project engineer. It is not necessary to send certificates from all of these.
Applicant's Certification
I, hereby state that, to the best of my abilities, due care and
diligence was used in the observation of the construction such that the construction was observed to be
built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the
approved plans and specifications, and other supporting materials.
Signature: Date:
Agent's Certification
h , hereby state that, to the best of my abilities, due care and
diligence was used in the observation of the construction such that the construction was observed to be
built within substantial compliance and intent of the 401 Water Quality Certification and Buffer Rules, the
approved plans and specifications, and other supporting materials.
Signature: Date:
Engineer's Certification
Partial Final
I, as a duly registered Professional Engineer in the State of
North Carolina, having been authorized to observe (periodically, weekly, full time) the construction of the
project,for the Permittee hereby state that, to the best of my abilities, due care and diligence was used in
the observation of the construction such that the construction was observed to be built within substantial
compliance and intent of the 401 Water Quality Certification and Buffer Rules, the approved plans and
specifications, and other supporting materials.
Signature _
Date
Registration No.
IV