HomeMy WebLinkAbout20161200 Ver 3_161200MillstoneCreek(Randolph)_401_approval_ltr.July152020_20230614DocuSign Envelope ID: 7320066A-C2B7-4BDC-BC80-029FEB717DC6
ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
S. DANIEL SMITH
Director
NORTH CAROLINA
Environmental Quality
July 1S, 2020
DWR # 16-1200
Randolph County
NC Division of Mitigation Services
Attn: Lin Xu
217 West Jones Street
Raleigh, North Carolina 27699
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH
ADDITIONAL CONDITIONS
Millstone Creek Mitigation Site Project
Dear Mr. Xu:
You have our approval for the impacts listed below for the purpose described in your
application dated June 19, 2020, received by the Division of Water Resources (Division)
June 19, 2020. These impacts are covered by the attached Water Quality General
Certification Number 4134 and the conditions listed below. This certification is associated
with the use of Nationwide Permit Number 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. [1SA NCAC 02H .OS06(b) and/or (c)]
D North Carolina Department of Environmental Quality Division of Water Resources
E Q��
512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617
NoaTH c QaouNn �
Department f Environmental Quality /`� 919.707.9000
DocuSign Envelope ID: 7320066A-C2B7-4BDC-BC80-029FEB717DC6
Millstone Creek
DWR# 16 -1200
Page 2 of 3
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
Stream
S1
0 linear feet
1,462 linear feet
S2
0
30
S3
0
54
S4
0
339
S5
0
160
S6
0
303
S7
0
103
S8
0
505
S9
0
100
S10
0
529
Total
0
3,585
404 401 Wetlands
W1
0.003 acres
0 acres
W2
0
0.079
W3
0
0.024
Total
0.003
0.103
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 02H .0507(d)(2)]
The issuance of the 401 Water Quality Certification for the restoration/enhancement
project does not represent an approval of credit yield for the project. [15A NCAC
02H .0500(h)]
4. You have our approval for your proposed final stream and wetland enhancement/
restoration plan. The stream and wetland enhancements/restorations must be
constructed, maintained, and monitored according to the plans approved by this
Office and this Certificate of Coverage. Any repairs or adjustments to the site must
be made according to the approved plans or must receive written approval from this
Office to make the repairs or adjustments. [15A NCAC 02H .0506(h)]
This approval and its conditions are final and binding unless contested. [G.S. 143-215.5]
DocuSign Envelope ID: 7320066A-C2B7-4BDC-BC80-029FEB717DC6
Millstone Creek
DWR# 16 -1200
Page 3 of 3
This Certification can be contested as provided in Articles 3 and 4 of General Statute 1SOB
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 httl2://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:OOam and S:OOpm,
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 (S) 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 27609-628S
One (1) copy of the petition must also be served to Department of Environmental Quality:
William F. Lane, General Counsel
Department of Environmental Quality
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 Erin Davis at 919-817-0360 or erin.davisPncdenr.gov if you have any
questions or concerns.
Sincerely,
DocusignneJd by:
affl-MTi kip Supervisor
401 & Buffer Permitting Branch
Enclosures: GC 4134
cc: Todd Tugwell, Kim Browning, USACE Raleigh Regulatory Field Office (via email)
DWR 401 & Buffer Permitting Branch file
Filename: 161200MillstoneCreek(Randolph)_401_approval_ltr.lulyl5,2020.docx