Loading...
HomeMy WebLinkAbout20160715 Ver 1_Approval Letter_20161102 PAT MCCRORY ' Gwenwr 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