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HomeMy WebLinkAbout20052116 Ver 3_Approval Letter_20180111January 11, 2018 BOMA North Carolina LLC Attn: Kory Reimann 1668 Ridge Point Dr Bountiful UT 84010-1054 Town of Kernersville Attn: Jeffrey Hatling PO Box 728 Kernersville NC 27285 ROY COOPER Govetwor MICHAEL S. REGAN S'ecretnry LINDA CULPEPPER Interim Director DWR # 2005-2116 v3 Forsyth County Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Caleb's Creek Residential Development Dear Mr. Reimann and Mr. Hatling: You have our approval for the impacts listed below for the purpose described in your application dated September 18, 2017, received by the Division of Water Resources (Division) October 2, 2017, with subsequent information on October 30, 2017, November 21, 2017 and December 6, 2017. These impacts are covered by the attached Water Quality General Certification Numbers 4132 and 4135 and the conditions listed below. This certification is associated with the use of Nationwide Permit Numbers 3 and 14 once they are 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: The following impacts are hereby approved provided that all of the other specific and general conditions of the Certification Rules are met. No other impacts are approved, including incidental impacts. [15A NCAC 02H .0506(b) and/or (c)] . State of North Carolina I Environmental Quality 450 W. Hanes Mill Road, Suite 300, Winston-Salem, North Carolina 27105 Phone: 336-776-98001 FAX: 336-776-9797 BOMA North Carolina LLC Town of Kernersville DWR# 2005-2116 v3 401APPROVAL Page 2 of 4 Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary Stream Site R-1— road crossing 200 (linear feet) 0 (linear feet) Site R-2 — road crossing 180 (linear feet) 0 (linear feet) Site R-3 — road crossing 165 (linear feet) 0 (linear feet) Site R-5 — road crossing 180 (linear feet) 0 (linear feet) Site S-1 dam repair 350 (linear feet) 0 (linear feet) 404/401 Wetlands Site R-4 — road crossing 0.046 (acres) 0 (acres) Open Waters Site P-1 0.20 (acres) 0 (acres) Site P-2 0.20 (acres) 0 (acres) Site P-3 0.15 (acres) 0 (acres) Site P-4 0.10 (acres) 0 (acres) Site P-5 0.10 (acres) 0 (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 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)] Mitigation must be provided for the proposed impacts as specified in the table below. The Division has received an acceptance letter from the Division of Mitigation Services (DMS) to meet this mitigation requirement. Mitigation shall be provided for each impact area a minimum of 60 days prior to construction within the specific impact location. Until the DMS receives and clears your payment, and proof of payment has been provided to this Office, no impacts specified in this Authorization Certificate shall occur. For accounting purposes, this Authorization Certificate authorizes payment to the DMS to meet the following compensatory mitigation requirement [15A NCAC 02H.0506 (b)(6)1: BOMA North Carolina LLC Town of Kernersville DWR# 2005-2116 v3 401 APPROVAL Page 3 of 4 4. Final construction plans for each phase of this project shall be submitted to the Division a minimum of 60 days prior to construction. Final construction plans for all phases of this project shall include identification of temporary impacts for dewatering activities to ensure compliance with Condition 11.9 in General Certification #4132 and #4139. For each dam maintenance phase of this project, final construction plans shall meet Condition 1.1 in General Certification #4132 as appropriate. For each phase of this project, if impact areas or amounts are modified during final design then the Permittee shall be required to submit a new application package with the appropriate fee. [15A. NCAC 02H .0502 (b) and 15A NCAC 02H .0506 (4)] 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] 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 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH) within sixty (60) days. A petition form may be obtained from the OAH at http:Hwww.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 Compensatory Mitigation River & Sub - Required basin Number Stream 710 (feet) Yadkin (03040103) 4. Final construction plans for each phase of this project shall be submitted to the Division a minimum of 60 days prior to construction. Final construction plans for all phases of this project shall include identification of temporary impacts for dewatering activities to ensure compliance with Condition 11.9 in General Certification #4132 and #4139. For each dam maintenance phase of this project, final construction plans shall meet Condition 1.1 in General Certification #4132 as appropriate. For each phase of this project, if impact areas or amounts are modified during final design then the Permittee shall be required to submit a new application package with the appropriate fee. [15A. NCAC 02H .0502 (b) and 15A NCAC 02H .0506 (4)] 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] 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 150B by filing a written petition for an administrative hearing to the Office of Administrative Hearings (hereby known as OAH) within sixty (60) days. A petition form may be obtained from the OAH at http:Hwww.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 BOMA North Carolina LLC - Town of Kernersville DWR# 2005-2116 v3 401APPROVAL Page 4 of 4 One (1) copy of the petition must also be served to DEQ: 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 Sue Homewood at 336-776-9693 or sue.homewood@ncdenr.gov if you have any questions or concerns. Sincerely, Sherri V. Knight, P. E. Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ—WSRO Enclosures: GC 4132 GC 4135 cc: Perry Isner, Wetlands & Waters Inc (via email) Jean Gibby, USACE Raleigh Regulatory Field Office (via email) DWR WSRO 401 file DWR 401 & Buffer Permitting Unit file