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HomeMy WebLinkAbout20150112 Ver 1_Approval Letter_20150513AT411w�` �h' CCDENR North Carolina Department of Environment and Natural Resources Pat McCrory Donald R. van der Vaart Governor Secretary May 12, 2015 DWR # 15 -0112 Stokes County Mountain View Commercial Properties LLC Attn: Charles Aultman 13146 NW Gilson Rd Palm City FL 34990 Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Country Meadows Subdivision Dear Mr. Aultman: You have our approval for the impacts listed below for the purpose described in your application dated January 23, 2015, received by the Division of Water Resources (Division) January 27, 2015, with subsequent information on February 18, 2015, April 17, 2015 and May 11, 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 Stream 1— road Permanent 117 linear feet crossing Stream 1— road Temporary 16 linear feet crossing Streams 2 -5 — utility Temporary 80 linear feet crossi ngs Winston -Salem Regional Office Location: 450 W. banes Mill Rd, Suite 300. Winston - Salem, North Carolina 27105 Phone: 338 -776 -90001 FAX: 336- 776 -970 Customer Seivice: '1 -877 -623 -6748 Internet: http:ll portal.ncclenr.orglwebl,�rgA ^rs An Equal Opportunity 1 Affirmative Action Employer Mountain View Properties LLC DWR# 15 -0112 401 APPROVAL Page 2 of 4 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 Certification(s) /Permit /Authorization and is responsible for complying with all conditions. [15A NCAC 02B .0507(4)(2)] 3. The project shall comply with 15A NCAC 02T.0301 and all other State, Federal and local sewer system regulations. [15A NCAC 02T.0301] 4. The Winston Salem Regional Office shall be notified in writing once construction at the road crossing has commenced. [15A NCAC 02H .0507 (c) and 15A NCAC 02H .0502 (e)] 5. The Division approves the stormwater management plan (SMP) consisting of the calculations, supplements, and drawings received on April 9, 2015. These items are now incorporated by reference and are enforceable by the Division. The following conditions also apply: a. The maximum allowable impervious area for the approved project shall 12.10 acres as provided in the Low Density Supplement: b. The footprint of all stormwater management devices as well as an additional 10 -foot wide area on all sides of the devices shall be located in public rights -of -way, dedicated common areas or recorded easement areas. The final plats for the project showing all such rights -of -way, common areas and easement areas shall be in accordance with the approved plans. c. The approved SMP shall be constructed and operational before any permanent building or other structure is occupied at the.site. d. The SMP may not be modified without prior written authorization from the Division prior to the commencement of the modifications. e. Maintenance activities for the three dry detention basins and the swale system shall be performed in accordance with the notarized maintenance agreements signed by the owner, Charlie Aultman, on April 9 and May 7, 2015. These agreements shall transfer with the sale of the land or transfer of ownership /responsibilityfor the BMP facilities. The Division shall be notified promptly of every transfer. f. The applicant and /or authorized agent shall provide a completed Certificate of Completion form to the Division within thirty (30) days of project completion (available at http:lZportal.ncdenr.org/ web /wa /swp /ws /401 /certsand perm its /apply /forms Mountain View Properties LLC DWR# 15 -0112 401 APPROVAL Page 3 of 4 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 OAK 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, FedEx, etc): Office of Administrative Hearings 1711 New Hope Church Road Raleigh, NC 27649 -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 Mountain View Properties LLC DWR# 15 -0112 401 APPROVAL Page 4 of 4 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, � �4w; W. Corey Basinger Regional Supervisor Water Quality Regional Operations Division of Water Resources Enclosures: GC 3890 cc: Harold Gupton, G &W P.A. (via email) Michael Brame, PEI (via email) John Thomas, USACE Raleigh Regulatory Field Office (via email) DWR WSRO 401 files DWR 401 & Buffer Permitting Unit