HomeMy WebLinkAbout20150692 Ver 2_Approval Letter_20170210I""I/at,? hiE'.4L?utce,
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February 10, 2017
Ellis Road Residential, LP
Attn: Mr. Eric Rifkin
56 Hunter Street, Ste 230
Apex, NC 27502
ROY COOPER
S. ,I .Y ZIIs,IMFRMAi
DWR # 15-0692 v2
Durham County
Subject: APPROVAL OF 401 WATER QUALITY CERTIFICATION WITH ADDITIONAL
CONDITIONS
Ellis Road Assemblage Phase 2 (a.k.a Ellis Crossing)
Dear Mr. Rifkin:
You have our approval for the impacts listed below for the purpose described in your application
dated January 11, 2017, received by the Division of Water Resources (Division) January 11, 2017,
with subsequent information on February 7, 2017 and February 10, 2017. 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:
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. These impacts are cumulative with 0.076 acre of temporary wetland
impact and 120 linear feet of temporary stream impact approved for Phase 1 on July 27,
2015. [15A NCAC 02H .0506(b)]
State of North Carolina I Environmental Quality I Water Resources
1617 Mail Service Center I Raleigh, North Carolina 27699-1617
919 807 6300
Ellis Road Residential, LP
DWR# 15-0692 v2
Page 2 of 3
Type of Impact
Amount Approved
(units)
Permanent
Amount Approved
(units)
Temporary
Stream
Site 1 - intermittent
125 (linear feet)
0 (linear feet)
Site 2 - perennial
0 (linear feet)
143 (linear feet)
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
Certifications)/Permit/Authorization and is responsible for complying with all conditions.
[15A NCAC 02H .0507(d)(2)]
The SMP approved by the Durham City -County Planning Department on September 16,
2016 meets the requirements of the 401 Certification Program. The SMP may not be
modified without prior written authorization from the Durham City -County Planning
Department. If modified, a digital copy of the approval letter and modified SMP shall be
submitted to Jennifer Burdette of the DWR 401 & Buffer Permitting Branch
(jennifer.burdette@ncdenr.Eov) 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.
Ellis Road Residential, LP
DWR# 15-0692 v2
Page 3 of 3
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 Department of Environmental Quality:
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. It is
important to note that City of Durham has been designated to implement the Jordan Lake Buffer
Rule within their jurisdiction. Since this project is located within the City of Durham's
jurisdiction, any buffer authorizations required for this project would need to be authorized by
the City of Durham. Please contact Jennifer Burdette at 919-8070-6364 or
jennifer.burdette@ncdenr.gov if you have any questions or concerns.
Enclosures: GC 3980
cc: Bob Zarzecki, Soil & Environmental Consultants, PA (via bzarzecki@sandec.com)
USACE Raleigh Regulatory Field Office
DWR 401 & Buffer Permitting Branch file