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Home My WebLink About20150402 Ver 1_Approval Letter_20151007North Carolina Department of Environment Quality Pat McCrory Governor October 7, 2015 Wilkes County Attn: Mr. John Yates 110 North Street Wilkesboro NC 28697 Donald R. van der Vaart Secretary DWR # 15 -0402 Wilkes County Subject: AFTER - THE -FACE APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Courthouse Drive Extension Dear Mr. Yates: You have our After - the -Fact approval for the impacts listed below for the purpose described in your application dated April 27, 2015, received by the Division of Water Resources (Division) April 28, 2015, with subsequent information on May 22, 2015, June 3, 2015, July 9, 2015, July 10, 2015, July 14, 2015, August 4, 2015, September 2, 2015 and September 8, 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 After - the -Fact 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, After - the -Fact, 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 Amount Approved Amount Approved (units) (units) Temporary Permanent Stream 246 (linearfeet) 20 (linearfeet) Winston galew i2eyiUn;pl Office _u(, u n 450 N, H &nos Mill Rd, Sur i)D. 4r✓ms xf>elem, North (;irolina Rhuur 3i(, /"G130(.A FAX: 336 h , Vii`. Cutrimer Seivlce 2/1 (.;n 011,8 ri'.ernel lit tp / /porlatnrAencorn u,oh /wwws An f tau il uIrprvtunw/ \ Ahlunrellry httier 1rmh oyer Wilkes County DW R# 15 -0402 401 APPROVAL Page 2 of 4 2. This After - the -Fact 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)] 3. Mitigation must be provided for the After - the -Fact impacts as specified in the table below. The Division has received an acceptance letter from the NC Division of Mitigation Services (DMS) to meet this mitigation requirement. For accounting purposes, this Authorization Certificate authorizes payment to the DMS to meet the following compensatory mitigation requirement [15A NCAC 02H .0506 (b)(6)]: Compensatory Mitigation River & Sub -basin Required Number Stream 246 (feet) Yadkin 03040101 4. The Division approves the stormwater management plan consisting of the "Courthouse Drive Extension Stormwater Calculations" and all associated stormwater conveyances, inlet and outlet structures, and the grading and drainage patterns depicted on plan sheets dated August 21, 2015 and August 24, 2015, which are incorporated by reference and are enforceable by the Division. The following conditions also apply: a. The 3.34 acres as depicted on plan sheet C2.3 will be deed - restricted against future development to maintain the low density classification of 24% built upon area for the proposed project. b. The footprint of the stormwater management device as well as an additional 10 -foot wide area on all sides of the device 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. Maintenance activities for the Dry Detention Basin shall be performed in accordance with the notarized 0 &M agreement signed by John Yates on August 26, 2015. The C &M agreement shall transfer with the sale of the land or transfer of ownership /responsibility for the stormwater management facility. The Division shall be notified promptly of every transfer. d. The SMP may not be modified without prior written authorization from the Division. The modified stormwater management plan shall be submitted to the DWR Webscape Unit for approval prior to the commencement of the modifications Wilkes County D W R# 15 -0402 401 APPROVAL Page 3 of 4 5. 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 Ditectorofthe 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 .05001 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 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: 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, INC 27609 -6285 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 Wilkes County DWR# 15 -0402 401APPROVAL 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.homewoodCO)ncdenr.Rov 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: Derek Goddard, BREC (via email) Tasha Alexander, USACE Asheville Regulatory Field Office (via email) DWR WSRO 401 file DWR 401 & Buffer Permitting Unit file