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Home My WebLink About20211659 Ver 1_Approval Letter_20220224DocuSign Envelope ID: 357744EC-15AE-46A8-B411-702F31 D5932A ROY COOPER Governor ELIZABETH S. BISER Secretary S. DANIEL SMITH Director February 24, 2022 NORTH CAROLINA Environmental Quality 6030 Rock Service Station Road LLC Attn: Donald Denihan 950 Clifton Avenue Clifton, NJ 07013 (via email ddenihan@sworddevelopment.com) DWR # 20211659 Wake County Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Mornington SD Phase 4 Dear Mr. Denihan: You have our approval for the impacts listed below for the purpose described in your application dated November 11, 2021, received by the Division of Water Resources (Division) November 11, 2021, and payment received November 16, 2021, with additional information received January 13, 2022. These impacts are covered by the attached Water Quality General Certification Number 4135. 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. The following proposed impacts are hereby approved. No other impacts are approved, including incidental impacts. [15A NCAC 02H .0506(b)] Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary 401/404 Wetlands: W 1: Road Crossing — Culvert 0.096 (acres) 0 (acres) 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)]. £ D_E NORTH CAROLINA Department of EnvironmentalOualtt North Carolina Department of Environmental Quality I Division of Water Resources Raleigh Regional Office 13800 Barrett Drive I Raleigh, North Carolina 27609 919.791.4200 DocuSign Envelope ID: 357744EC-15AE-46A8-B411-702F31 D5932A Mornington SD Phase 4 DWR# 20211659 401 Certification Page 2 of 2 If you are unable to comply with any of the conditions of the attached Water Quality General Certification, you must notify the Raleigh 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 Raleigh Regional 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. 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 This letter completes the review of the Division under section 401 of the Clean Water Act and 15A NCAC 02H .0500. Please contact Colleen Cohn at 919-791-4258 or Colleen.Cohn@ncdenr.gov if you have any questions or concerns. Sincerely, DocuSigned by: Bakk- BCDA9D825D4A46D... Scott Vinson, Regional Supervisor Water Quality Regional Operations Section Raleigh Regional Office Division of Water Resources, NCDEQ Enclosures: GC 4132 cc: Lyle Phillips, USACE Raleigh Regulatory Field Office (via email) DWR 401 & Buffer Permitting Branch electronic file Krissina Newcomb, Hal Owen & Associates, Inc (via email)