HomeMy WebLinkAbout20150788 Ver 1_Approval Letter_20150817A� ,
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NCDENR
North Carolina Department of Environment and Natural Resources
Pat McCrory Donald R, van der Vaart
Governor Secretary
August 17, 2015
7CCC, LLC
Attn: Mr. Herb Parks
7B Corporate Center Court
Greensboro NC 27408
DWR # 15 -0788
Randolph County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
3043 Lawson Court (Lot 46, Kamelot Oakes)
Dear Mr. Parks:
You have our approval for the impacts listed below for the purpose described in your
application dated July 8, 2015, received by the Division of Water Resources (Division) August 5,
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 29 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 02H .0506(b) and /or (c)]
Type of Impact
404/401 Wetlands
Amount Approved
(units)
Permanent
0.025 (acres)
',,�Jinston -Salem Regional Office
Location: 4501r4'. Hanes Mill Rd. Suite 300. btitinston- SaIPm. North vam.ina 27105
Ft'one: 336 - 770 -98W FAX: 336- T,6 -9? 9A CuSlomer Service: 1-877-623-6r48
intemei: http: portal.rcdenr.orgi"A;ebitivq sys
An Equal Opportunity 1 Affirmatve Adion Employer
Amount Approved
(units)
Temporary
7CCC, LLC
DWR# 15 -0788
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 02H .0507(d)(2)]
3. Please be aware that by having impacted streams without first applying for and securing
the issuance of a 401 Water Quality Certification, you have violated Title 15A of the
North Carolina Administrative Code (NCAC) 2H .0500. Title 15A NCAC 2H .0500 requires
certifications pursuant to Section 401 of the Clean Water Act whenever construction or
operation of facilities will result in a discharge into navigable waters, including wetlands,
as described in 33 Code of Federal Regulations (CFR) Part 323. It also states any person
desiring issuance of the State certification or coverage under a general certification
required by Section 401 of the Federal Water Pollution Control Act shall file with the
Director of the North Carolina Division of Water Quality. Pursuant to G.S. 143- 215.6A,
these violations and any future violations are subject to a civil penalty assessment of up
to a maximum of $25,000.00 per day for each violation. [15A NCAC 2H .0500]
This approval and its conditions are final and binding unless contested. [G.S. 143- 215.5]
This Certification can be contested as provided in Articles 3 and 4 of General Statute 1506 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 htto: / /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: if sending via delivery service (UPS, FedEx, etc):
Office of Administrative Hearings Office of Administrative Hearings
6714 Mail Service Center 1711 New Hope Church Road
Raleigh, NC 27699 -6714 Raleigh, NC 27609 -6285
7CCC, LLC
DWR# 15 -0788
401 APPROVAL
Page 3 of 3
One (1) copy of the petition must also be served to DENR:
Sam Hayes, 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: Anthony Lester, Evans Engineering Inc. (via email)
John Thomas, USACE Raleigh Regulatory Field Office (via email)
DWR WSRO 401 file
DWR 401 & Buffer Permitting Unit file