HomeMy WebLinkAbout20160715 Ver 1_Approval Letter_20161102 PAT MCCRORY
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DONALD R. VAN DER VAART
S'ecretaq
Waxer Resources S. JAY ZIMMER.MAN
ENVIRONMENTAL QUALITY
Director
November 2, 2016
DWR#2016-0715
Forsyth County
Lewisville-Clemmons Road Realty LLC
Attn: Mr.Trey Morgan
13024 Ballantyne Corporate Place,Suite 500
Charlotte NC 28277
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL CONDITIONS
Peace Haven Village
Dear Mr. Morgan:
You have our approval for the impacts listed below for the purpose described in your application dated
July 10, 2016, received by the Division of Water Resources (Division) July 22, 2016, with subsequent
information on September 15, 2016,September 22, 2016, September 26, 2016,September 29, 2016,
October 18, 2016, October 30, 2016, and November 1, 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:
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 (units) Amount Approved (units)
Permanent Temporary
Stream
Site 1 111 (linear feet) 0 (linear feet)
Site 2 17 (linear feet) 0 (linear feet)
Site 3 18 (linear feet) 0 (linear feet)
404/401 Wetlands
Site 1 0.019 (acres) 0 (acres)
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
Lewisville-Clemmons Road Realty LLC
DWR#2016-0715
401 APPROVAL
Page 2 of 3
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)]
3. You are required to provide a digitial copy of the stormwater management plan (SMP) approval
letter from the Village of Clemmons to Cory Larsen, PE of the DWR 401 and Buffer Permitting
Branch (cory.larsen@ncdenr.gov) and Sue Homewood of the DWR Winston Salem Regional Office
(sue.homewood@ncdenr.gov) before any impacts authorized in this certification occur. The
project must be constructed and maintained in compliance with the approved SMP. After the
approval letter is submitted to the Division,the SMP may not be modified without prior written
authorization from the Village of Clemmons. If modified, a digital copy of the approval letter and
the modified SMP shall again be submitted to the DWR 401 & Buffer Permitting Unit(at the email
address above) prior to the commencement of the modifications. Any modifications to the outlet
locations of the wet pond as identified in a conceptual drawing submitted to the DWR on
November 1,2016 shall require approval from DWR. [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 DEQ:
Sam Hayes, General Counsel
Department of Environmental Quality
1601 Mail Service Center
Raleigh, NC 27699-1601
Lewisville-Clemmons Road Realty LLC
DWR#2016-0715
401 APPROVAL
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.Rov 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 3890
cc: Mark Romulus, Landquest Ventures LLC(via email)
Brent Gatlin,Stimmel PA (via email)
John Thomas, USACE Raleigh Regulatory Field Office (via email)
Judy Cherry,Village of Clemmons (via email)
DWR WSRO 401 file
DWR 401 & Buffer Permitting Unit file