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