HomeMy WebLinkAbout20140681 Ver 1_Approval Letter_20140811FqC®ENR
North Carolina Deparfinentof Environrnentand Natural Resources
Pat McCrory `
Governor
August 11, 2014
Two Hoos, LLC
Attn': J. Scott Taylor
7201 Waterston
New Albany; OH 43054
John E. Skvarla, III'
Secretary
DWR # 14 -0681
Person County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
Talley Pointe Lot 23
Dear IVIr.Taylor:
You have our approval for the impacts listed'below for the purpose described in your application
dated July 9; 2014 and received by the Division of'Water Resources (division) on July 28; 2014.
These, impacts are covered by the,attached Water,Quality General Certification Number 3886 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:Q.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),Sedimen "t_and Erosion Control, N'on- Discharge, and Water.
Supply Watershed (regulations.
This approval- requires you to follow the conditions listed; in the enclosed certifications andAhe
following aditional conditions:
1. The following'impacts,are hereby approved provided that all of °the other specific and general
conditions.of the Certifications,_General'Permit and /or Buffer Rules ate met. 'No other impacts
are approved', including incidental impacts.
Type of Impact
Amount,Approved
Amount,Approved I
(units)
(units)
Permanent
'Temporary
Stream
25( . linea - r feet),
O'(lin'ear'feet)
Site 1
1 NorthCarol
Natura!
North Ca"rolma'Divislon,of Water Resources 1628 Mail Service Center Raleigh,`NC 27699 -1628 Phone (91,9179,1'-4200 'CustoinduService
Internet www ncwaterqualrtyorg, Location 3800 Barrett Drive Raleigh, NC 27609 Fax (919) 788 77159 '1 -877- 623 -6748
An Equ#Opportuni y /Affirmatve Acton Employer— 50% Recycled 1,70° /o )P,ost,Consumer'Paper
Talley Pointe Lot 23
_DWR # 14 -0681
401 ,APPROVAL
Page 2 of 4
Stream '25 (linear feet) 0 (linear feet)
Site, 2 4
2. No Waste, Spoil,'Solids, or Fill of Any.Kind
No waste, spoil, solids, or -'fill of any kind, shall,occur in wetlands, waters,,or riparian areas
beyond the footprint.of the impacts depicted'in the Pre - Construction Notification: All
construction activities, including the design, installation,, operation, and' maintenance of
sediment and erosion control Best Management Practices, shall be performed so that no.
violations of 'state,, water quality,stand'ards, statutes, or rules occur.
3. Protective Fencing
The outside buffer, wetland or water boundary, and along the, construction corridor within
these boundaries approved under thi's'author•ization shall be�clearly marked with orange
warning fencing (or-similar high visibility,materi'al) for the areas that have been approved to
infringe within the buffer, wetland or water prior to any land distu.tbing- activities to ensure
compliance with 15 NCAC;D2H .0500.
4. 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. if you
change your project, you must notify the Division and you maybe required to'submit a new
appli'cati'on package with the'appropriate fee. If,the property is sold, the new owner must be
given a copy of this approva'I letter and General Certification and is responsible10 "r complying
with all conditions.
5'. This approval and its conditions are final and binding un less, contested.
This Certification can be contested as, provided in Articles'3 and 4,,of General Statute 150B by,filing'
a written petition for an administr =ative hearingto the,Office of Administrative Hearings (hereby
known,as OAH). A petition form may be obtained from the OAH at,http`. / /www.ncoah.c-om/ or by
calling the OAH ClerVs Office at (919) 431 -3`000 for- information.
Within thirty (30) calendar d`ays,of receipt,0'this notice, a petition must be filed,with'the OAH. 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 5:00prn, excluding official state holidays).
The petition may be fazed to the OAH at (919) 431 -3100, provided the original and one copy'of the
petition along with any a'pplicab'le OAH filing fee;is received by the OAH within ,five (5)'b'usiness
days following the faxed, transmission.
Mailing address for the, OAH': `
If sending by "First Class Mail,
via the' US Postal, Service:
Office of Adm`inistrati've Hearings
6714'Mail Service Center
Raleigh, N,C 27699 -6714
Talley Pointe Lot 23
DWR # 14 -0681
401 APPROVAL
Page 3 of 4
If sending via delivery service
(e.g. UPS, FedEx):
Office of Administrative ,Hearings
1711 New Hope Church Road
:Raleigh, NC 27609 -6285
One (1) copy of the petition must also be served to DENR:
Lacy Presnell, General Counsel
Department of Environment,and Natural Resources
1601'Mail Service Center
Raleigh, NC 27699 -1601
,Please send one (1) copy of the petition to DWR':
If sending by First Class Mail
vid °the,US Postal'Service:
Karen, Higgins
NC DEN R- DWR'— 'Webscape'Unit
1617 Mail Service, Center
Raleigh, NC 27699 -1617
If sending via delivery service
UPS, FedEx):
Karen Higgins
NC DENR -DWR — Webscape Unit
512 °N. Salisbury - Street,
Raleigh, NC 27604 r
This letter completes'the review of the Division under section 401 of the Clean Water Act. Please
contact Cherri Smith at 919- 791 -4251 or,cherri:smith @ncdenr.g6v if you have any'questions'or
concerns.
1
)nfn y,
rni
S'uper vis Water Quality Regional "Operations Section
Enclosure: '3886
T,alley'Pointe Lot 23
DWR # 14 -0681
401 APPROVAL
Page 4 of4
cc: U.S. Army Corps of Engineers; Raleigh Regulatory Field'.Office; 3331 Heritage Trade
Drive, St. 105; Wake Forest, NC 27597
Chad Abbott; Summit Design and Engineering'Services;'504 Meadowland Drive;
Hillsborough,.NC 27278,
DWR RRO 401 Files
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