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HomeMy WebLinkAbout20141097 Ver 1_Approval Letter_20141117WNW North Carolina Department of Environment and Natural Resources Pat McCrory John E. Skvarla, III Governor Secretary November 17, 2014 Dugger Valley Investment Group LLC Attn: Jim Pitts 3379 Peachtree St, Suite 360 Atlanta, GA 30326 DWR # 14 -1097 Wilkes County Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Dugger Creek Trout Habitat Enhancement Dear Mr. Pitts: You have our approval for the impacts listed below for the purpose described in your application dated October 8, 2014, received by the Division of Water Resources (Division) October 16, 2014. These impacts are covered by the attached Water Quality General Certification Number 3885 and the conditions listed below. This certification is associated with the use of Nationwide Permit Number 13 or 27 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. This approval requires you to follow the conditions listed in the enclosed certification (s) or general permit and the following additional conditions: 1. The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification are met. No other impacts are approved, including incidental impacts. Impact Area Temporary /Permanent Impact Amount Streams Temporary 360 linear feet 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: http :l /portal.ncdenr.org /web /wq /ws An Equal Opportunity 1 Affirmative Action Employer Dugger Valley Investment Group LLC DW R #14 -1097 401 APPROVAL 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 the 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 approval letter and General Certification (s) /Permit /Authorization and is responsible for complying with all conditions. This approval and its conditions are final and binding unless contested. This Certification can be contested as provided in Articles 3 and 4 of General Statute 1506 by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH) within sixty (60) calendar days. A petition form may be obtained from the OAH at htt_p:Hwww.ncoah.com/ or by calling the OAH Clerk's Office at (919) 431 -3000 for information. 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 5:00pm, excluding official state holidays). The petition may be faxed to the OAH at (919) 431 -3100, provided the original and one copy of the petition along with any applicable OAH filing fee is received by the OAH within five (5) business days following the faxed transmission. Mailing address for the OAH: If sending via US Postal Service: Office of Administrative Hearings 6714 Mail Service Center Raleigh, NC 27699 -6714 If sending via delivery service (UPS, Fed Ex, etc): 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: John Evans, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699 -1601 Dugger Valley Investment Group LLC DWR #14 -1097 401 APPROVAL Page 3 of 3 This letter completes the review of the Division under section 401 of the Clean Water Act. Please contact Sue Homewood at 336- 771 -4964 or sue.homewood @ncdenr.gov if you have any questions or concerns. Sincerely, A",-y-, k5��P'- W. Corey Basinger Regional Supervisor Water Quality Regional Operations Division of Water Resources Enclosures: GC 3885 cc: John Vilas, McGill Assoc. (via email) Tasha McCormick, USACE Asheville Regulatory Field Office (via email) DWR WSRO 401 files DWR 401 & Buffer Permitting Unit