HomeMy WebLinkAbout20150112 Ver 1_Approval Letter_20150513AT411w�`
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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