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HomeMy WebLinkAbout20141310 Ver 1_Approval Letter_20150421NCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary April 21, 2015 AIROG McConnell LLC Attn: Buddy Seymour 5603 New Garden Village Dr. Greensboro NC 27410 DWR # 14 -1310 Guilford County Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS McConnell Center— Lot 1 Dear Mr. Seymour: You have our approval for the impacts listed below for the purpose described in your application dated December 12, 2014, received by the Division of Water Resources (Division) December 19, 2014, with subsequent information on January 30, 2015, March 11, 2015 and March 26, 2015. These impacts are covered by the attached Water Quality General Certification Number 3890 and the conditions listed below. This certification is associated with the use of Nationwide Permit Number 39 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. [15A NCAC 02B .0506(b)(c)] Impact Area Temporary /Permanent Impact Amount 404/401 Wetlands Permanent 0.018 acres Streams Permanent 140 linear feet Winston -Salem Regional Office Location: 450 W. Hanes Mill Rd. Suite 300. Winston- Salem, North Carolina 27105 Phone: 336 =776 -98001 FAX: 336 - 776 -9797; Customer Sefvice: 1-877-623-6748 Internet: http: r 1portal.ncdenr.orglwebiuvq!ssis An Equal Opportunity ; Affirmative Action Employer AIROG McConnell LLC DWR# 14 -1310 401 APPROVAL Page 2 of 3 2. 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 Certifications) /Permit /Authorization and is responsible for complying with all conditions. [15A NCAC 02B .0507(d)(2)] 3. The proposed project must comply with the City of Greensboro's local water supply ordinance approved by the N.C. Environmental Management Commission (EMC) as required under the Jordan Lake Water Supply Watershed: Protection and Maintenance of Riparian Areas (Jordan Buffer Rule) 15A NCAC 02B .0267. 4. You are required to provide one copy of the approved SMP, including plan details on full -sized plan sheets, with proof of the City of Greensboro's approval. The approved SMP shall be submitted to the DWR 401 & Buffer Permitting Unit (1617 Mail Service Center, Raleigh, NC 27699 -1617) before any impacts authorized in this certification occur. After it is approved and submitted to the Division, the SMP may not be modified without prior written authorization from the City of Greensboro If the SMP is modified in the future, then you shall provide one modified SMP with proof of approval to the DWR 401 & Buffer Permitting Unit prior to the commencement of the modifications. [15A NCAC 02H .0506(b)(5)] This approval and its conditions are final and binding unless contested. [G.S. 143- 215.51 This Certification can be contested as provided in Articles 3 and 4 of General Statute 150B 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 http: / /www.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 AIROG McConnell LLC DWR# 14 -1310 401 APPROVAL Page 3 of 3 If sending via delivery service (UPS, FedEx, 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 This letter completes the review of the Division under section 401 of the Clean Water Act. Please contact Sue Homewood at 336- 776 -9693 or sue.homewood(@- ncdenr.gov if you have any questions or concerns. Sincerely, W. Corey Basinger Regional Supervisor Water Quality Regional Operations Division of Water Resources Enclosures: GC 3890 cc: Eric McClanahan, ECS Carolinas (via email) David Bailey, USACE Raleigh Regulatory Field Office (via email) Virginia Spillman, City of Greensboro DWR WSRO 401 files DWR 401 & Buffer Permitting Unit