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HomeMy WebLinkAbout20150839 Ver 1_Approval Letter_20151029North Carolina Department of Environmental Quality Pat McCrory Governor October 28, 2015 Windsor Built Homes, Inc Attention: Mr. Drew Norwood 40 W. Broad Street, Suite 500 Greenville, South Carolina 29601 Donald R. van der.Vaart _ Secretary DWR # 15 -0839 Buncombe County Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Maple Trace 6 Dear Mr. Norwood: You have our approval for the impacts listed below for the purpose described in your application dated August 17, 2015, and received by the Division of Water Resources (Division) on August 19, 2015, with additional information received on October 7, 2015 and October 23, 2015. These impacts are covered by the attached Water Quality General Certification Numbers 3884 and 3890 and the additional conditions listed below. This certification is associated with the use of Nationwide Permit Numbers 12 and 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, Water Supply Watershed, and Trout Buffer 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 02H .0506(b) and /or (c)] Type of Impact Amount Approved Amount Approved (units) (units) Permanent Temporary Wetlands Impact W1 0.005 (acres) Streams Impact S1 20 (linear feet) Impact S2 1 130 (linear feet) Division of Water Resources — Asheville Regional Office 2090 US Hwy 70, Swannanoa, NC 28778 Phone: 828 - 296 -4500 \ FAX: 828 - 299 -7043 Internet: http: / /portal.ncdenr.org /web /wq /ws An Equal Opportunity \Affirmative Action Employer Maple Trace DWR# 15 -0839 401 APPROVAL Page 2 of 4 2.- This approval is for the- purpose and design described in your application and additional information provided d. The plans and specifications for this project are incorporated by reference as part of the Certification /Authorization. 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) and is responsible for complying with all conditions. [15A NCAC 02H .0507(d)(2)] 3. Fueling, lubrication and general equipment maintenance should not take place within 50 feet of a waterbody or wetlands to prevent contamination by fuel and oils. [15A NCAC 02H .0506 (b)(3)] 4. The turbidity standard of 10 NTUs (Nephelometric Turbidity Units) shall not be exceeded as described in 15 A NCAC 02B .0200. Appropriate sediment and erosion control practices must be used to meet this standard. 5. 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] 6. All wetlands, streams, and surface waters that are not approved for impacts and are 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)] 7. The permittee shall require its contractors and /or agents to comply with the terms and conditions of this permit in the construction and maintenance of this project, and shall provide each of its contractors and /or agents associated with the construction or maintenance of this project with a copy of this Certification. A copy of this Certification, including all conditions shall be available at the project site during the construction and maintenance of this project: [15A NCAC 02H .0507 © and 15A NCAC 02H .0506 (b)(2) and (c)(2)] 8. Upon completion of each culvert at the site, please send upstream and downstream photographs to document correct installation to the North Carolina Division of Water Resources Asheville Regional Office, zan.price@ncdenr.gov [15A NCAC 02H .0506 (b)(2)] 9. Follow the recommendations stated in the North Carolina Wildlife Resources Commission comment letter dated September 16, 2015. 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 1508 by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH) within sixty (60) calendar days. Maple Trace DWR# 15 -0839 401APPR0VAL Page 3 of 4 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). 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: Sam M. Hayes, General Counsel Department of Environmental Quality 1601 Mail Service Center Raleigh, NC 27699 -1601 Maple Trace DWR# 15 -0839 401 APPROVAL Page 4 of 4 This letter completes the review by the Division under section -401 of the Clean-Water Act -as described in 15A NCAC 02H .0500. Please contact Zan Price at 828 - 296 -4662 or zan.price@ncdenr.gov if you have any questions or concerns. Sincerely, G. Landon Davidson, P.G., Regional Supervisor Water Quality Regional Operations Asheville Regional Office Enclosures: GC 3884 GC 3890 Certificate of Completion cc: Clement Riddle — ClearWater Environmental Consultants, Inc (via email) Tasha Alexander — USACE Asheville Regulatory Field Office (via email) Andrea Leslie — NCWRC (via email) Stan Aiken — Division of Energy, Mineral, and Land Resources (via email) Buncombe County Planning (via email) DWR ARO 401 files DWR 401 and Buffer Permitting Unit G: \WR \WQ \Buncombe \401s \Non -DOT \Maple Trace \APRVL.Maple Trace.doc