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HomeMy WebLinkAbout20211337 Ver 1_Approval Letter_20211028 DocuSign Envelope ID:D34947A6-6BFA-40A8-B11E-1E7CFF2B1643 F,,c STATE o ti', ROY COOPER Governor , • ,g'a ELIZABETH S.BISER Secretary S.DANIEL SMITH NORTH CAROLINA Director Environmental Quality October 28, 2021 DWR#20211337 New Hanover County Mr. Brett Feulner Dewberry Engineers 2610 Wycliff Road Suite 410 Raleigh, NC 27607 Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Greenville Avenue Loop Trail-Holly Tree Road, New Hanover County Heweletts Creek[White Oak, 18-87-26b,SA;HQW] Dear Mr. Feulner: You have our approval for the impacts listed below for the purpose described in your application dated September, 2021, received by the Division of Water Resources (Division) September 09, 2021 and payment received October 08,2021. These impacts are covered by the attached Water Quality General Certification Number 4135 and the conditions listed below. This certification is associated with the use of Nationwide Permit Number 14 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 and to the additional conditions itemized below. The following proposed impacts are hereby approved. No other impacts are approved, including incidental impacts. [15A NCAC 02H .0506(b)] Wetland Impacts in the White Oak River Basin Site Temporary Permanent Impacts Impacts (ac) (ac) Wetland ---- 0.020 WA Total ---- 0.020 impacts D_E Q I, 512 j North North Carolina DepartmentSalisburyStreet1 o1617 f EnMailvironmentalService Center I Raleigh Quality I Division of WaterNorthCarolina Resources NORTH CAROLINA , 27699-1617 Department of environmental Quarry 919.707.9000 DocuSign Envelope ID:D34947A6-6BFA-40A8-B11E-1E7CFF2B1643 Greenville Avenue Loop Trail Holly Tree Road DWR#20211337 401 Certification Page 2 of 3 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 or with the additional conditions itemized below,you must notify the Wilmington 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 Wilmington Reginal 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. Additional Conditions: 1. The permittee shall ensure that final design drawings adhere to the permit and to the permit drawings submitted for approval. [15A NCAC 02H .0507(c) and 02H .0506(b)(2) and (c)(2)] 2. If the project occurs in waters or watersheds classified as Primary Nursery Areas(PNAs), SA, WS- I, WS-II, High Quality Waters (HOW), or Outstanding Resource Waters (ORW),then the sedimentation and erosion control designs shall comply with the requirements set forth in 15A NCAC 04B .0124, Design Standards in Sensitive Watershed. [15A NCAC 02H.0506(b)(3)and (c)(3)] 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 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 DocuSign Envelope ID:D34947A6-6BFA-40A8-B11E-1E7CFF2B1643 Greenville Avenue Loop Trail Holly Tree Road DWR#20211337 401 Certification Page 3 of 3 This letter completes the review of the Division under section 401 of the Clean Water Act and 15A NCAC 02H .0500. Please contact Hannah Sprinkle at Hannah.Sprinkle@ncdenr.gov if you have any questions or concerns. Sincerely, �DocuSigned by: C AM,pi A. �—9C9886312DCD474... rector Division of Water Resources cc: Brad Shaver, USACE Wilmington Regulatory Filed Office (via email) Cathy Brittingham, NC Division of Coastal Management