HomeMy WebLinkAbout20150437 Ver 1_Approval Letter_20150601NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory Donald R, van der Vaart
Governor Secretary
June 1, 2015
Lomonaco Properties LLC
Attn: Mr. Jon Ford
PO Box 474
Summerfield NC 27558
DW R # 15 -0437
Guilford County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
Taylor's Landing Subdivision
Dear Mr. Ford:
You have our approval for the impacts listed below for the purpose described in your
application dated May 1, 2015, received by the Division of Water Resources (Division) May 4,
2015, with subsequent information on May 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 3890 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 certifications) 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
0.087 acres
Open Waters
Permanent
0.058 acres
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
Winston -Salem Regional Office
Location: 450 W Hanes Mill Rd, Suite 300, Winston - Salem; North Carolina 27105
Phone: 336- 776 -98W' FAX: 336- 776 -97971 Customer Service: 1 -877- 623 -6748
Internet: http :/lporai.?cden!- ,Mtweb;wglws
An Equal Opportunity 1 Affirmative Action Employer
Lomonaco Properties LLC
DWR# 15 -0437
401 APPROVAL
Page 2 of 3
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. All wetlands, streams, surface waters, and riparian buffers located within 50 feet of the
construction area on the project site shall be clearly marked (example- orange fabric
fencing) prior to any land disturbing activities and must be maintained on the property
until the project phase is completed. [15A NCAC 02H .0506 (b)(2) and (c)(2) and 15A
NCAC 02H .0507 (c)]
4. Any additional impacts to streams and /or wetlands as a result of future roads, buildings,
driveways, utility lines or other development related activities within this subdivision
will require a modification of this 401 Water Quality Certification approval. [15A NCAC
02H .0506(4) and 15A NCAC 02H .0501 and .0502]
5. 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.
6. 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).
Lomonaco Properties LLC
DWR# 15 -0437
401 APPROVAL
Page 3 of 3
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 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: Bradley Luckey, Pilot Environmental Inc (via email)
David Bailey, USACE Raleigh Regulatory Field Office (via email)
DWR WSRO 401 files
DWR 401 & Buffer Permitting Unit