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HomeMy WebLinkAbout20160464 Ver 1_Approval Letter_20160809Water Resources ENVIRONMENTAL. QUALITY August 9, 2016 BMR Land Company LLC Attn: Sean Jones 109 South Wayne Ave, Suite 200 LB&B Building Waynesboro VA 22980 PAT MCCRORY an= DONALD R. VAN DER VAART Seeretm y S. JAY ZIMMERMAN Director DWR # 16-0464 Guilford County Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS PROJECT NAME Dear Mr. Jones: You have our approval for the impacts listed below for the purpose described in your application dated April 29, 2016, received by the Division of Water Resources (Division) May 9, 2016, with subsequent information on August 3, 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 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 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 are met. No other impacts are approved, including incidental impacts. [15A NCAC 02H .0506(b) and/or (c)] Type of Impact Amount Approved (units) Permanent Amount Approved (units) Temporary 404/401 Wetlands 0.19 (acres) 0.0 (acres) 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)] 450 W. Hanes Mill Road, Suite 300, Winston-Salem, North Carolina 27105 Phone: 336-776-9800 \ FAX: 336-776-9797 \ Customer Service 1-877-623-6748 Internet: www,ncdenr.gov- www.ncwater.org BMR Land Company LLC DWR# 16-0464 401APPROVAL Page 2 of 3 All wetlands, streams, surface waters, and riparian buffers 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)] 4. You are required to provide a digital copy of the approved stormwater management plan (SMP), including plan details on full-sized plan sheets, with proof of the City of Greensboro's approval. The approved SMP shall be submitted to Cory Larsen, PE of the DWR 401 and Buffer Permitting Branch (cory.larsen@ncdenr.gov) before any impacts authorized in this certification occur. After it is approved, the SMP may not be modified without prior written authorization from City of Greensboro. If modified, a digital copy of the approval letter and modified SMP shall again be submitted to the DWR 401 & Buffer Permitting Branch (at the email address above) prior to the commencement of the modifications. [15A NCAC 02H .0506(b)(5)] 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) calendar days. .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: 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 Hayes, General Counsel Department of Environment and Natural Resources 1601 Mail Service Center Raleigh, NC 27699-1601 BMR Land Company LLC DWR# 16-0464 401APPROVAL Page 3 of 3 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, >� Y 9""-e Sherri V. Knight, P. E. Regional Supervisor Water Quality Regional Operations Section Division of Water Resources, NCDEQ— WSRO Enclosures: GC 3890 cc: Perry Isner, Huysman & Bandy, Inc (via email) David Bailey, USACE Raleigh Regulatory Field Office (via email) Terri Aprile, Dept. of Water Resources, City of Greensboro DWR WSRO 401 file DWR 401 & Buffer Permitting Unit file