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Home My WebLink About20151259 Ver 1_Approval Letter_20160322Water Resources ENVIRONMENTAL OLALITY March 22, 2016 Napolitano Homes Attn: Mr. John Napolitano 1492 South Independence Boulevard, Suite 101. Virginia Beach, VA 23462 r��cK.rtrr•.>� Governor DONALD R. VAN DER VAART Secretary S. JAY ZIMMERMAN Director DWR # 15-1259 Gates County Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS Countryside Estates Dear Mr. Napolitano: You have our approval for the impacts listed below for the purpose described in your application dated November 25, 2015 and received by the Division of Water Resources (Division) on December 7, 2015 with subsequent information received on December 9, 2015 and February29, 2016. 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 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 02B .0506(b)(c)]] Type of Impact Amount Amount Plan location/ Approved Approved (units) Reference Attached (units) Temporary Permanent Wetlands W-1 (Fill for Lot 52) 0.070 (acres) 0 (acres) W-2 (Fill for Lots 53, 54, 55 and 0.330 (acres) 0 (acres) Proposed Subdivision Stormwater BMP) W-3 (Fill for Access 0.056 (acres) 0 (acres) Road) State of North Carolina I Environmental Quality I Water Resources —Water Quality Regional Operations—Washington Regional Off -ice 943 Washington Square Mail, Washington, NC 27889 252-946-6481 NAPOLITANO HOMES ATTN: MR. JOHN NAPOLITANO DWR# 15-1259 401 APPROVAL Page 2 of 4 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 and is responsible for complying with all conditions. [15A NCAC 02B .0507(d)(2)] 3. Water Quality Certification The proposed project must comply with all the conditions of the General Water Quality Certification (s) 3890. [15A NCAC 02B .0507(c)] Continuing Compliance 4. 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) and (c)(3) and 15A NCAC 02B .0200 (3)(f)] 5. All mechanized equipment operated near surface waters or wetlands will be regularly inspected and maintained to prevent contamination of waters and wetlands from fuels, lubricants, hydraulic fluids or other potential toxic chemicals. In the event of a hydrocarbon or chemical spill, the permitee/contractor shall immediately contact the Division of Water Quality, between the hours of 8 am to 5 pm at the Washington Regional Office at 252.946.6481 and after hours and on weekends call (800) 858-0368. Management of such spills shall comply with provisions of the North Carolina Oil Pollution and Hazardous Substances Control Act. [15A NCAC 02H .0506 (b)(3) and (c)(3), 15A NCAC 02B .0200 (3)(f), and GS 143 Article 21A] Other Conditions 6. Re Opener Clause Napolitano Homes and their authorized agents shall conduct their activities in a manner consistent with State water quality standards (including any requirements resulting from compliance with section 303(d) of the Clean Water Act) and any other appropriate requirements of State law and federal law. Napolitano Homes shall require their contractors (and/or agents) to comply with all of the terms of this Certification, and shall provide each of their contractors (and/or agents) a copy of this Certification. A copy of this Certification shall be included in the construction contract and available on the job site at all times. If DWR determines that such standards or laws are not being met (including the failure to sustain a designated or achieved use) or that State or federal law is being violated, or that further conditions are necessary to assure compliance, DWR may reevaluate and modify this certification to include conditions appropriate to assure compliance with such standards and requirements in accordance with 15A NCAC NAPOLITANO HOMES ATTN: MR. JOHN NAPOLITANO DWR# 15-1259 401APPROVAL Page 3 of 4 2H.0507(d). Before modifying the certification, DWR shall notify Napolitano Homes and the US Army Corps of Engineers, provide public notice in accordance with 15A NCAC 21-1.0503 and provide opportunity for public hearing in accordance with 15A NCAC 2H.0504. Any new or revised conditions shall be provided to DWR in writing, shall be provided to the United States Army Corps of Engineers for reference in any permit issued pursuant to Section 404 of the Clean Water Act, and shall also become conditions of the 404 Permit for the project. 7. State Stormwater Management Plan (SMP) Approved by Division Stormwater Program Required You are required to provide one copy of the state stormwater management plan (SMP) approval letter from the Division of Energy, Mining and Land Resources (DEMLR) to the DWR 401 & Buffer Permitting Unit (1617 Mail Service Center, Raleigh, NC 27699-1617) before any impacts authorized in this certification occur. After the approval letter is submitted to the Division, the SMP may not be modified without prior written authorization from DEMLR. If the SMP is modified in the future, then you shall provide an approval letter for the modifications to the DWR 401 & Buffer Permitting Unit priorto the commencement of the modifications. [15A NCAC 02H .0506(b)(5)] S. Upon completion of all work approved within the 401 Water Quality Certification or applicable Buffer Rules, any subsequent modifications, the applicant is required to return the attached certificate of completion to the 401 & Buffer Permitting Unit, NC Division of Water Resources, 1617 Mail Service Center, Raleigh, NC 27699-1650. [15A NCAC 02H .0507 (c)] The applicant and/or authorized agent shall provide a completed. Certificate of Completion form to the Division within thirty (30) days of project completion (available at http://porta1.ncdenr.org/web/wq/swp/ws/401/certsandPermits/apply/forms). [15A NCAC 02H .0506(b)(5)] 10. This approval and their conditions are final and binding unless contested. [G.S. 143-215.51 These Certifications 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). 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. Within sixty (60) calendar days of receipt of this notice, a petition must be filed with the OAH. 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). NAPOLITANO HOMES ATTN: MR. JOHN NAPOLITANO DWR# 15-1259 401 APPROVAL Page 4 of 4 The petition maybe 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 One (1) copy of the petition must also be served to DENR: Sam H. Hayes, 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 Anthony Scarbraugh at 252-948-3924 or anthonv.scarbrau¢hCa)ncdenr.aov if you have any questions or concerns. Sincerely, 44 Robert Tankard, Assista t Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ Enclosures: GC 3890 Certification of Completion cc: Chester Bigelow, USACE Washington Regulatory Field Office (via email) Samir Dumpor, DEMLR WaRO Laserfiche File b § i . §¥, �] a«% 6gpp \Z\ MM � § / \j /j )a( � L ) f 2 01 i . §¥, �] a«% 6gpp \Z\ MM � § / \j /j